Ms J Winter First v Aneurin Bevan University Local Health Board Second Respondent: Acacia Management Services Limited (in voluntary liquidation) — 2024

The claimant applied to amend her claim to add discrimination and whistleblowing complaints, and later retracted an application for "other payments". The tribunal refused the discrimination and whistleblowing amendments. It held that the written application did not clearly identify what was being alleged or when, that the proposed complaints were new claims rather than minor amendments, and that the balance of injustice and hardship favoured refusal because the matters were out of time and would prejudice the respondents.

On unfair dismissal, the claimant accepted she had never been employed by the First Respondent, withdrew that part of the claim, and it was dismissed on withdrawal. The tribunal then considered the claim against the Second Respondent and found that the claimant was on notice of dismissal when she received her P45 on 5 August 2023.

The tribunal held that, even taking ACAS early conciliation into account, the claim was presented about two months late once the ET1 was treated as accepted on 27 February 2024 after the address issue was corrected. It rejected the claimant's explanation that ACAS or the tribunal had drafted or submitted the ET1, found it was reasonably practicable to present the claim in time, and struck out the unfair dismissal claim for lack of jurisdiction.