The claimant was dismissed on 8th August but did not claim until 13th November. At his dismissal meeting the union rep had told him to keep an eye on ACAS but had not specified a time limit. In cross-examination he had also admitted he had been supported by his union and knew he could bring a claim but the question about time limits was not addressed directly. The ET found that the claimant had known of the time limit and its importance.

In this appeal John Bowers QC upholds the ETs decision. He states that in the circumstances of this case it was for the claimant to raise the issue about time limits. He also notes that this was not an incorrect advice case but rather one involving an absence of advice. So at [19] he concludes:

"overall, and stepping back from the individual allegations to looking at this in the round, I think the employment tribunal did consider the evidence and reached a decision which was open to it. Although it is necessary to collect the findings from a whole series of different places in the decision, I think that sufficient reasons were given."