Mr. P. Edwards v Brecon and Radnor Express and Powys County Times Limited (The) trading as Brecon & Radnor Express — 2020

The claimant’s third claim, presented on 26 March 2020, was a constructive unfair dismissal claim arising from his resignation on 27 July 2019. The tribunal identified the issues as whether the claim was in time, and if not, whether it was not reasonably practicable for it to have been presented within the three-month limit and, if so, whether it was then presented within a reasonable further period.

The tribunal accepted the chronology recorded in earlier preliminary hearing minutes and in the respondent’s skeleton argument. The claimant had already presented two earlier constructive unfair dismissal claims, both of which were rejected because there was no early conciliation certificate. The tribunal found that the first two claims did not allege dismissal or detriment because of a public interest disclosure, and that the only mention of whistleblowing appeared later in correspondence when the claimant was exploring possible exemptions from early conciliation.

The tribunal found that the claimant did not enter early conciliation because he did not want to do so, did not expect it to succeed, and did not wish to return to work for the respondent. Although there had been delay by tribunal staff in corresponding with him, the tribunal held that he had been told in June 2019 what was required, that he was not exempt from early conciliation, and that he knew or ought reasonably to have known this. It concluded that he did not act as a conscientious litigant until March 2020, when he finally pursued the matter, and that by then the claim was about five months out of time.

Applying section 111 ERA 1996 and the early conciliation provisions in section 207B ERA 1996 and the 2014 Regulations, the tribunal held that it was reasonably practicable for the claimant to have presented the claim in time. The tribunal therefore lacked jurisdiction and dismissed the claim.