“Corresponding date” rule applies to extension of time for early conciliation

The Claimant was dismissed on the 20^th March 2015 and contacted ACAS on the 18^th June. He received the certificate on the 30^th June. His ordinary deadline to lodge a claim for unfair dismissal was the 19^th June. However Section 207B (4) ERA provides that, where the EC Rules apply, if the time limit for presenting a claim would ordinarily expire during the period beginning on the date from which the Claimant contacts ACAS and ending 1 month after the Claimant receives the EC certificate, the time limit is extended to 1 month after the date on which the Claimant received the certificate. The Claimant was therefore entitled to benefit from an extension of time of 1 month – but he did not present his claim until the 31^st July and the Respondent argued that this was 1 day out of time.

The Tribunal accepted the Respondent’s argument, treating the reference to “1 month” as meaning 1 calendar month, which concluded “after” 30^th June i.e. that this was 30^th July and his claim was out of time. The Tribunal refused to exercise this discretion to grant an extension of time and the Claimant appealed, arguing that the time in fact expired on the 31^st July, the last day of the calendar month and not simply at the end of 30 days.

The EAT dismissed the appeal. The Judge noted that the extended time limit under Section 207B (4) expires at the end of a period “after” the receipt of the certificate and was not like the usual limitation period for an unfair dismissal claim which is defined by reference to a period “beginning with” the date of termination. Dodds v Walker had addressed this type of time limit when it set down the “corresponding date” rule – which held that the time limit expires on the corresponding date of the following month i.e. the day of that month which has the same number as the day of the earlier month. The Judge saw no reason why the same rule should not apply in respect of Section 207B (4). Bad luck on the Claimant…