Mr D Reynolds v The Chief Constable of Devon and Cornwall Constabulary — 2023

Mr Reynolds was dismissed by the Chief Constable of Devon and Cornwall Constabulary on 9 August 2021. He presented an unfair dismissal claim on 13 March 2022 after ACAS early conciliation, and also brought disability discrimination complaints. At this preliminary hearing on 10 March 2023, the tribunal considered only limitation issues, not the merits of the discrimination allegations.

For unfair dismissal, the tribunal found that the claim was outside the three-month time limit in s.111 ERA 1996 and that it was reasonably practicable for the claim to have been presented in time. The claimant knew from the date of dismissal that he could complain to ACAS and the Employment Tribunal, but did not investigate the time limit until 1 March 2022. The tribunal accepted that he had some anxiety and health issues and that he hoped the internal appeal would restore his job, but it found that neither the manager's informal comment about appealing first nor the pending appeal made it impossible or not reasonably practicable to bring the claim sooner. The unfair dismissal claim was therefore dismissed.

For the discrimination claims, the tribunal recorded that the final alleged act was the dismissal on 9 August 2021 and that the claims, including discrimination arising from disability, failure to make reasonable adjustments, and harassment related to disability, were brought outside the primary three-month limit. Applying the just and equitable test under s.123 EqA 2010, the tribunal extended time. It relied on the claimant's genuine misunderstanding about waiting for the appeal process, his prompt action once he learned of the time limit, the support of his GMB representatives, the lack of significant prejudice to the respondent, and the fact that the eventual delay was more than a day or two but did not appear to have materially affected the cogency of the evidence. Those discrimination claims were allowed to proceed to the final hearing.