In person v Respondent — 2021

The claimant worked for the respondent as a community support worker from 31 July 2017 until her employment ended on 5 April 2020 after she resigned on 23 March 2020 with effect from that date. The tribunal dealt only with a preliminary issue under s.111 ERA 1996: whether her unfair dismissal claim had been presented in time. The claimant issued the claim on 13 July 2020, after the three-month period ending at midnight on 4 July 2020, although she had already received the respondent’s letter of 11 May 2020 stating that, but for her resignation, she would have been dismissed for gross misconduct.

The claimant relied on the fact that she thought she had to wait for the internal appeal, on a relationship breakdown and childcare pressures, and on depression. The tribunal accepted that she had depression, but found no medical evidence showing that it prevented her from issuing proceedings. It also found that she was fit to work from December 2019 until 13 July 2020, that there was no physical impediment, and that she had previously spoken to ACAS during the disciplinary process and used those discussions, together with her own research, to understand her employment rights.

The tribunal did not accept that she was misled by the respondent or by any adviser, because she had not contacted CAB or ACAS about issuing a claim until after the limitation period had expired. It found that the real reason for the delay was that bringing a claim was not a priority for her while she was dealing with other matters. On that basis, the tribunal held that it was reasonably feasible for her to have established the position and issued proceedings by 4 July 2020, so the claim was out of time and was dismissed. The tribunal therefore did not go on to consider whether any further extension of time would have been reasonable.