Mrs B Kistle v H Tempest Limited — 2024

Mrs B Kistle presented her claim on 24 June 2023 after resigning on 30 January 2023. She brought complaints of constructive unfair dismissal and breach of contract relating to notice pay. The tribunal dealt only with limitation and jurisdiction, not the underlying merits of either complaint.

The tribunal identified 29 April 2023 as the end of the primary three-month limitation period. It accepted that the Claimant had contacted ACAS and solicitors during that period, but found that she had already been told about the three-month time limit early on and had key information about the need to act. The tribunal also found that it would have been feasible for her to chase solicitors sooner, complete the ACAS online form correctly on or about 5 April, and re-contact ACAS sooner after her first unsuccessful attempt.

The tribunal held that the claim was issued nearly two months late and that the Claimant did not obtain the benefit of early conciliation because she had not contacted ACAS effectively within the initial three-month period. It rejected the explanation that delay by ACAS or solicitors prevented timely presentation, finding instead that the delay resulted from inactivity or error on the Claimant's part. It therefore held that it was reasonably practicable to present the claims in time, and dismissed the claim.

The tribunal also found that, even after the ACAS certificate was received on 14 June 2023, the Claimant waited a further 10 days before issuing proceedings. On that basis, it concluded that she had not issued within a further period that was reasonable. No compensation or other remedy was awarded because the claims were dismissed for want of jurisdiction.