Ms C Heath v Telent Technology Services Limited — 2024

Ms Heath was employed by Telent Technology Services Limited as a Talent Acquisition Recruiter from 20 August 2018 and was dismissed by reason of redundancy on 14 July 2023. She presented her ET1 on 8 December 2023, after the primary limitation periods for both unfair dismissal and disability discrimination had expired. The tribunal accepted that her case was concerned mainly with the redundancy process, and that the disability complaint related to osteoarthritis in her right ankle and, as she described it, also to an HR event in June 2022 when she attended on crutches.

On unfair dismissal, the tribunal applied the statutory time limit in s.111 ERA 1996 and the two-stage approach in Cullinane. It found that it was reasonably practicable for Ms Heath to present her claim in time because she knew of her legal options before dismissal, had legal advice shortly after the redundancy meeting, and no physical impairment prevented her from bringing a claim. The tribunal accepted that she was focused on her health during the limitation period, but held that this did not make it impracticable to lodge the claim.

The tribunal went on to say that, even if it had been wrong on reasonably practicable, the period until 8 December 2023 was not a reasonable further period. It noted that Ms Heath could have brought the claim earlier, including shortly after contacting ACAS on 25 October 2023, and that there was no good reason for the additional delay. The unfair dismissal claim was therefore dismissed.

For disability discrimination, the tribunal applied s.123(1)(b) EqA 2010 and the authorities it cited on just and equitable extensions, including Robertson, British Coal v Keeble, Southwark LBC v Afolabi and Adedeji. It accepted that Ms Heath had significant health difficulties, including surgery that was twice cancelled and eventually took place on 22 September 2023, but found that she could have brought the claim earlier and that the later delay after surgery was too long. The tribunal held that the claim was not brought within a period that was just and equitable and dismissed the disability discrimination complaint.