In person For the v Cosham Orthodontic Ltd — 2021

Miss Jade Gallacher worked for Cosham Orthodontic Limited as a receptionist from 1 November 2016 to 28 March 2019, on 17 hours a week for £130 gross and net. She went on maternity leave in February 2019 after pregnancy-related sickness. The tribunal found that her employment had ended on 29 March 2019, although she was not told of that at the time, and that she only learnt of the termination when HMRC informed her on 27 March 2020 after she had been querying holiday entitlement and working tax credits.

Applying the section 111(2) Employment Rights Act 1996 reasonably practicable test, and citing authorities including Wall's Meat Co v Khan, Palmer and Saunders, and Cullinane, the tribunal held that the unfair dismissal claim was presented as soon as reasonably practicable and within such further period as was reasonable. It accepted that the claimant had been unaware for about a year that her employment had ended, then acted promptly by contacting ACAS on 1 April 2020, receiving an EC certificate on 24 April 2020, and presenting proceedings on 21 September 2020.

For the holiday pay complaint under the Working Time Regulations 1998, the tribunal held that the claim could proceed, but noted that no accrued holiday pay was due as at the date of termination. For the discrimination complaint under section 18 Equality Act 2010, the tribunal extended time on a just and equitable basis, taking into account the claimant's lack of knowledge of the dismissal, her anxiety, GP advice to avoid confrontation, and the difficulties of lockdown. The judgment referred to Keeble, Morgan, Adedeji, Robertson, Caston, and related limitation authorities in reaching those conclusions.