Tribunal Rules Against Former Encirc Worker Over Late Claim
An industrial tribunal has dismissed claims of unfair dismissal and disability discrimination brought by a former employee of Encirc Ltd after ruling that the initial claim lacked a required certificate and a subsequent claim was submitted too late.
Stephen Leonard had worked as an IS Operator at Encirc Ltd from May 2022 until his dismissal on grounds of ill-health capability on 27 May 2025. He filed his first claim form on 17 August 2025, but it did not include an Early Conciliation (EC) certificate, which is mandatory unless an exemption applies. The tribunal found no exemption applied, as the form did not contain an application for interim relief.
At a case management hearing on 9 January 2026, the claimant was told he needed to obtain an EC certificate and resubmit his claim. He filed a second claim on 20 January 2026. However, this was nearly five months after the three-month deadline for unfair dismissal claims, which expired on 27 August 2025.
In considering whether it was reasonably practicable for the claimant to have lodged his claim in time, the tribunal noted he had been alerted to the jurisdiction issue in the respondent's response on 22 October 2025 but did not seek advice or resubmit until after the January hearing. The tribunal concluded it was reasonably practicable for him to have lodged his claim in time by contacting the Labour Relations Agency or consulting tribunal guidance.
The second claim was for unfair dismissal only, so the tribunal did not need to consider the time limit for disability discrimination separately.
Employment Judge McCourt, sitting alone, dismissed both claims in their entirety. The hearing took place on 4 June 2026 in Belfast.