Mr T Richards v Asda Stores Ltd: 1803933/2018
JUDGMENT
The Claimant’s complaints of unfair dismissal and disability discrimination are hereby dismissed as the Tribunal has no jurisdiction to hear them.REASONS
The Claimant’s employment terminated on 31 May 2017. The applicable time limits meant that he had to lodge his application with the Tribunal not later than midnight on 30 August 2017. He commenced ACAS Early Conciliation only on 28 September 2017 so that his period of early conciliation does not have the effect of extending the applicable time limits. His application was received by the Tribunal on 1 March 2018, 6 months out of time. Time can be extended in a complaint of unfair dismissal if the Tribunal considers that it was not reasonably practicable for the claim to have been presented in time and in the case of a discrimination complaint if it is just and equitable to do so. Both, however, require a consideration of the Claimant’s explanation for his late submission of his complaints. The Claimant has provided none in advance of this hearing and has not attended today to do so (without giving any prior explanation or intimation of his intention not to attend).