Case 1601883/2020 · Employment Tribunal
Mrs. J Evans v Wexham Borough Council — 2021
- Case reference
- 1601883/2020
- Decision date
- 21 July 2021
- Jurisdiction
- England & Wales
- Venue
- Wrexham Court Centre and
Parties
2 namedClaimant
Mrs. J Evans
Respondent
Key findings
Tribunal's reasoningMrs Evans resigned on 19 December 2019 and her effective date of termination was 26 January 2020. She contacted ACAS for Early Conciliation on 22 April 2020, which extended the time for presentation to 25 May 2020, but her ET1 was not submitted until 15 September 2020. The tribunal therefore had to decide whether, under s.111(2)(b) Employment Rights Act 1996, it was not reasonably practicable for her to present the claim by the extended deadline.
The tribunal accepted that Mrs Evans was an honest witness and considered her explanations for delay, including difficulty obtaining advice or representation, the effect of the first and second lockdowns, the emotional impact of her dismissal, and her concern that she had not received the ACAS certificate in April 2020. It found that she was able to use the internet, study at degree level, understand the existence of a time limit and the need for Early Conciliation, and submit a claim later without professional help. It also found it more likely than not that she had been informed of the 25 April 2020 end of the original three-month period and that ACAS had emailed the first certificate in April.
Applying the authorities it cited, including Dedman, Porter, Asda Stores v Krauser and Walls Meat Co v Khan, the tribunal concluded that Mrs Evans had enough knowledge, information and ability to act within time. It held that while seeking advice was reasonable, it was not reasonable to prioritise finding representation over taking timely action, and it was also not reasonable to wait close to two months before chasing the missing certificate. The claim was therefore outside the tribunal's jurisdiction and was dismissed.
The tribunal added, in case it had been wrong on the first limb, that a further reasonable period would not have extended beyond 30 June 2020. It reached that view because by late June 2020 Mrs Evans knew the claim was out of time, had obtained a second EC certificate, had contacted the tribunal, and had enough knowledge and urgency to present the claim herself.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed because the claim was not presented within the prescribed time limit and the tribunal found it was not reasonably practicable to present it in time under s.111(2)(b) ERA 1996. | Dismissed | — | — |
Legal tests applied
5 references- s.111(2)(b) Employment Rights Act 1996
- Dedman v British Building and Engineering Appliances Ltd
- Porter v Bainbridge Ltd
- Asda Stores Ltd v Krauser
- Walls Meat Co v Khan
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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