Mrs Elizabeth Potts v Tarmac Trading Limited — 2023

At the preliminary hearing on 14 April 2023, Employment Judge R S Drake considered limitation and jurisdiction only. The tribunal found that the effective date of termination was 27 November 2020, so the primary limitation period expired on 26 February 2021. The unfair dismissal claim and the age discrimination claim were presented on 20 May 2021, 83 days out of time. The tribunal held that the claimant had not shown it was not reasonably practicable to present the unfair dismissal claim in time, and had not shown that it was just and equitable to extend time for the age discrimination claim.

In reaching that conclusion, the tribunal relied on the claimant's access to ACAS, ET and government materials that referred to time limits, her appeal process ending on 7 January 2021, and support from Mr Holt. It rejected the explanation that she had not been looking for limitation advice, found no medical or other evidence that she was prevented from acting, and held that any incorrect advice from a skilled adviser would not assist under the authorities it cited, including Porter v Bandridge Ltd, Palmer v Southend BC, Asda Stores Plc v Kauser, Dedman v British Building & Engineering Appliances Ltd, Marks & Spencer Plc v Williams-Ryan, British Coal v Keeble, Robertson v Bexley Community Centre, Simms v Transco, Abertawe Local Health Board v Morgan and Adedeji v University Hospitals Birmingham NHS Trust.

The claims for breach of contract and unlawful deduction from wages were withdrawn after the claimant accepted that the sums claimed had been discharged. No monetary award was made.