In person For the v Ms A Ost - Solicitor — 2022

The claimant brought a constructive unfair dismissal claim following his resignation. The tribunal found that his employment with Worcestershire County Council started on 22 August 2005, based on the respondent's letter of 19 August 2005, and that his resignation letter of 3 December 2005 sought a leaving date of 9 December 2005, but the respondent treated the contractual notice period as ending on 2 January 2006.

On the merits of jurisdiction, the tribunal held that the claimant had less than five months' service at the effective date of termination and so did not satisfy the continuous service requirement in section 108(1) ERA 1996. It also found that none of the exceptions in sections 108(2) to 108(5) applied. The tribunal therefore concluded that it had no jurisdiction to hear the unfair dismissal claim.

The tribunal further found that the claim was presented far outside the statutory time limit. The claim was issued on 25 November 2020, around 14 years after the effective date of termination, and the ACAS early conciliation period did not extend the claim into time. Applying section 111(2) ERA 1996 and the principles in Marks & Spencer plc v Williams-Ryan, the tribunal found that the claimant had not shown that it was not reasonably practicable to present the complaint in time. It noted that he had pursued appeals in other forums and had the support of his trade union. The claim was dismissed.