Mr N Brockley, counsel For the v Mr M Edgar, solicitor — 2021

This was a preliminary hearing on time limits. The tribunal assumed an effective date of termination of 13 March 2020, found that the claim form was presented on 30 August 2020, and accepted that the claimant had experienced significant mental health difficulties after dismissal, including reliance on her husband to manage practical matters. It also found, however, that by early July 2020 her ability to make decisions had improved and that she and her husband could have made enquiries about presenting the claim.

On that basis, the tribunal held that the unfair dismissal claim and the notice pay breach of contract claim were out of time and were not presented within a reasonable period after the primary limit. The dismissal complaint was treated as an automatically unfair dismissal claim under s.103A ERA 1996 because the claimant did not have two years' service. The tribunal also held that the whistleblowing detriment claim was out of time, but that it had been reasonably practicable to present it in time, so the tribunal did not have jurisdiction and struck it out.

The race discrimination complaints were also out of time on the tribunal's calculation, but the tribunal extended time on a just and equitable basis for the last allegation, the rejection of the claimant's appeal on 15 May 2020. In reaching that conclusion, it relied on the short delay, the absence of any evidence or submissions from the respondent on prejudice or hardship, and the claimant's mental health and family circumstances. The tribunal left the question whether earlier allegations formed conduct extending over a period, and whether time should be extended for those matters, to the final hearing.