Tribunal dismisses unfair dismissal claim against Encirc due to missing certificate and late filing
An employment tribunal has dismissed claims of unfair dismissal and disability discrimination brought by Stephen Leonard against his former employer, Encirc Limited. The tribunal ruled that it lacked jurisdiction to hear the original claim because it did not include a required early conciliation certificate, and that a subsequent claim was filed too late.
Leonard was employed by Encirc as an IS Operator from 9 May 2022 until his dismissal on 27 May 2025 for ill-health capability. He worked with machinery handling molten glass in a high-heat environment. He began sickness absence on 22 May 2024 due to fainting episodes and dizzy spells, which raised safety concerns given his role operating dangerous machinery.
Leonard filed his first claim to the tribunal on 17 August 2025, within the three-month time limit, but it did not include an early conciliation certificate from the Labour Relations Agency. He later said he did not understand the requirement and had been advised by friends to mention interim relief, though no such application was actually included. The respondent highlighted the jurisdictional defect in its response on 22 October 2025.
At a preliminary hearing on 9 January 2026, a tribunal vice president informed Leonard that he needed to obtain the certificate and resubmit his claim promptly. Leonard did so on 20 January 2026, nearly five months after the normal deadline. The tribunal found he had been aware of the issue since October 2025 but did not seek advice or act until January.
Employment Judge McCourt ruled that the original claim could not be accepted because the certificate was a legal requirement and no exemptions applied. For the resubmitted claim, the judge concluded it was reasonably practicable for Leonard to have filed in time, as he could have contacted the Labour Relations Agency or consulted tribunal guidance earlier. His explanation of not being able to afford a solicitor and struggling with mental health was not accepted as making it impracticable.
The tribunal therefore dismissed both claims in their entirety. Leonard represented himself at the hearing, while Encirc was represented by barrister Sarah Agnew.