Inchcape Retail Ltd v Shelton [2019]

The claimant had been summarily dismissed for gross misconduct but he disputed the respondent’s version of events and embarked upon an internal appeals process. The drawn-out appeals process which took longer than three months was due to the fact that no letter of dismissal had been sent to the claimant and it was only two months after dismissal that it was requested by the claimant. 

The internal appeal was unsuccessful for the claimant and it was after this that he made further enquiries about his dismissal, but the three-month period for lodging a claim to the Employment Tribunal had elapsed.

Throughout this process the claimant had repeatedly told the respondent he had an