Karen Tuffney v South Central Ambulance Service NHS Foundation Trust — 2023

The tribunal dealt with limitation as a preliminary issue. It found that the claimant resigned on 31 March 2022, began Acas early conciliation on 14 April 2022, received the certificate on 11 May 2022, and lodged the claim on 19 August 2022, which was outside the applicable time limit.

For unfair dismissal, the tribunal found it had been reasonably practicable for the claimant to present her claim in time. It accepted that she had work, financial pressures, dog training commitments, and some ill health, but found there was no medical evidence that her conditions prevented her from lodging a claim. The tribunal also found that she knew tribunal proceedings were in contemplation by the time she contacted Acas, had internet access, could have sought advice, and had no adequate explanation for waiting until August 2022.

For the discrimination claim, the tribunal considered whether it was just and equitable to extend time and decided it was not. It found that the claimant had not given a clear explanation for the delay and that the same factual matters which failed to justify an extension for unfair dismissal also meant an extension was not justified for discrimination. The tribunal specifically noted that, on the claimant's own case, the auxiliary aids complaint ran from 2 February 2022 and was about three months out of time.