Ms M. Davies-Brown v Family Friends (formerly Family Friends for 5’s to 11’s) — 2020

Ms M. Davies-Brown’s employment ended on 10 August 2018. The tribunal found that early conciliation with ACAS commenced on 9 November 2018 and that the early conciliation certificate issued on 26 November 2018 extended the presentation deadline to 26 December 2018. The claimant presented claims of unfair dismissal and sex discrimination on 2 January 2019, which was out of time.

For the unfair dismissal claim, the tribunal applied section 111 of the Employment Rights Act 1996 and considered whether it was not reasonably practicable for the claim to have been presented in time. It found that the claimant had adduced no evidence showing why the claim was not presented by 26 December 2018 or within a reasonable time after that date.

For the sex discrimination claim, the tribunal applied section 123 of the Equality Act 2010 and considered whether it would be just and equitable to extend time. It found that the claimant had provided no evidence on which that discretion could be exercised. The tribunal therefore dismissed both claims for non-compliance with the statutory time limits and said it did not have jurisdiction to consider them.