Case 1301497/2021 · Employment Tribunal
Mrs T Boden v Cheshire East Council — 2021
- Case reference
- 1301497/2021
- Decision date
- 17 November 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Edmonds Representation
Parties
2 namedClaimant
Mrs T Boden
Respondent
Key findings
Tribunal's reasoningMrs T Boden brought a constructive unfair dismissal claim, a claim under the Protection from Harassment Act 1997, and a disability discrimination claim against Cheshire East Council. This judgment dealt with preliminary issues only and was given orally at the hearing, with written reasons not to follow unless requested.
The tribunal dismissed the constructive unfair dismissal claim because it had not been presented within the three-month time limit under section 111 of the Employment Rights Act 1996. It found that it would have been reasonably practicable for the claimant to present that claim within the time limit.
The tribunal also held that it did not have jurisdiction to consider a claim under the Protection from Harassment Act 1997 and dismissed that claim. By contrast, it held that the disability discrimination claim had been brought within such period as the tribunal considered just and equitable, and that claim would therefore proceed. No substantive findings on liability or any remedy were made in this decision.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The tribunal held the constructive unfair dismissal claim was presented outside the three-month time limit under section 111 Employment Rights Act 1996 and that it would have been reasonably practicable for the claimant to present it in time. | Dismissed | — | — |
| Other | The tribunal said it did not have jurisdiction to consider a claim under the Protection from Harassment Act 1997 and dismissed that claim. | Dismissed | — | — |
| Disability discrimination | The tribunal held that the disability discrimination claim was brought within such period as it thought just and equitable and would therefore proceed; no merits decision was made in this judgment. | Other | Disability | — |
Legal tests applied
3 references- section 111 Employment Rights Act 1996
- reasonably practicable
- just and equitable
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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