Case 1403266/2022 · Employment Tribunal
Ms Kerry O’Shaughnessy v The Secretary of State for Justice — 2023
- Case reference
- 1403266/2022
- Decision date
- 6 February 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Millard Representation
- Venue
- Bristol
Parties
2 namedClaimant
Ms Kerry O’Shaughnessy
Respondent
Key findings
Tribunal's reasoningThe claimant was employed as a Prison Officer from 17 September 2007 until her dismissal on 8 September 2020. She presented an unfair dismissal claim on 13 October 2022, more than two years after dismissal. The tribunal considered the time limit under section 111 of the Employment Rights Act 1996 and whether time should be extended.
The tribunal accepted that, because of the deterioration in the claimant's mental health after dismissal and the breakdown of her marriage, it was not reasonably practicable for her to present the claim within the original time limit. The tribunal noted that she had contacted ACAS within time and had intended to bring a claim, but did not do so then.
The tribunal found that the claim was not presented within a reasonable period thereafter. It relied on the claimant's ability during 2021 and 2022 to participate in family court proceedings, instruct solicitors and counsel, attend hearings, and complete a college course, as well as her awareness from ACAS and later legal advice that the claim was out of time and needed to be presented promptly. The claim was therefore dismissed as out of time.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The unfair dismissal claim was dismissed on a preliminary limitation issue. The tribunal found it was not reasonably practicable to present the claim within the primary time limit, but that it was not presented within a reasonable period thereafter. | Dismissed | — | — |
Legal tests applied
3 references- section 111 of the Employment Rights Act 1996
- not reasonably practicable
- reasonable time thereafter
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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