Miss Charmaine Elliston v Regency House Residential Home — 2019

Miss Elliston was dismissed on 23 March 2018. She presented an initial tribunal claim on 8 May 2018, but it was rejected on 31 May 2018 because no ACAS Early Conciliation certificate number had been provided and interim relief was not available. She then brought a further claim on 6 January 2019, repeating the unfair dismissal complaint and adding an allegation that the reason for dismissal may have been pregnancy or maternity leave.

On the unfair dismissal claim, the tribunal accepted that the claimant had faced significant personal and family difficulties, including pregnancy, loss of income, her partner's ill health, later childbirth, and periods of neonatal care and homelessness. However, it found that she had already researched her rights, contacted ACAS, understood the tribunal process, and managed to submit the first claim within two months of dismissal. The tribunal concluded that there was no material change in circumstances between the rejection notice in early June 2018 and 22 June 2018 that made re-presentation not reasonably practicable, and that any further reasonable period would not have extended beyond early August 2018. The unfair dismissal claim was therefore out of time and dismissed.

For the discrimination claims, the tribunal applied the just and equitable extension test under section 136 of the Equality Act 2010 and referred to Hutchinson v Westward Television Limited, British Coal Corporation v Keeble, Robertson v Beckley Community Centre, and Accurist Watches Limited v Wadher UK. It found that the claimant knew the material facts from dismissal, understood the process and time limits, and had been able to engage with ACAS and present claims both in 2018 and again in January 2019. Balancing those matters, the tribunal held that it was not just and equitable to extend time to 6 January 2019, so the discrimination claims were also dismissed for want of jurisdiction.