The Claimant was summarily dismissed on 20 June 2016. The primary time limit for presenting a claim was thus 19 September 2016. He contacted ACAS on 22 July 2016 (23 July being Day A) and ACAS issued an early conciliation certificate on 22 August 2016 (Day B). He presented his claim form on 18 October 2016. The arguments in this case concerned the effect of Section 207B of the ERA.

Section 207B(3) says that:

in working out when a time limit set by a relevant provision expires, the period beginning with the day after Day A and ending with Day B is not to be counted.

Section 207(B)(4) says that:

if a time limit set by a relevant provision would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

The ET said that the primary time limit of 19 September 2016 was extended by 31 days (i.e. the period between Day A and Day B) to 20 October 2016 and so the claim was in time. The Respondent appealed saying that the effect of s207B(4) was that if the primary time limit of 19 September fell between Day A and Day B, which it did, the time limit was 22 September, meaning the claim was out of time.

The EAT dismissed the appeal. Sub-section 207B(4) operates to extend the time limit as first modified by sub-section 207B(3) of the ERA.