Mr N Seshadri v Cwm Taf Morgannwg University Local Health Board — 2020

The tribunal sat by video at Cardiff on 4 December 2020, with Employment Judge J Whittaker sitting alone. It dealt only with preliminary issues. Mr Seshadri's section 94 ERA 1996 unfair dismissal claim failed because, by the effective date of termination on 25 October 2019, he had not accrued the two years' qualifying service required by the statute.

The remaining claims were a breach of contract claim under the Employment Tribunal's Extension of Jurisdiction Order 1994, a section 103 ERA 1996 protected-disclosure unfair dismissal claim, and section 47B ERA 1996 detriment claims. The tribunal found that the claim form was presented on 24 March 2020, about two months after the three-month deadline had expired, and that ACAS early conciliation was initiated at 00:01 on 25 January 2020, one minute after the deadline. It rejected the argument that an email of 30 October 2019 formed part of the pleaded detriment claim because paragraph 7 of the ET1 did not identify it; on that basis, the pleaded detriment chain ended with the dismissal on 25 October 2019.

On the reasonably practicable issue, the tribunal found that by 19 January 2020 the claimant knew about employment tribunals and early conciliation, had already sought advice and made a data subject access request, and had time on 23 and 24 January to complete the ACAS process. It held that it was reasonably practicable for him to have presented the breach of contract, section 103, and section 47B claims within time, so those claims were dismissed.