No attendance v Domestic and General Group Ltd — 2020

Miss S Mehmood presented her claim on 3 January 2020 in relation to employment that began on 1 August 2013. For limitation purposes, the tribunal worked on the respondent's more generous date for termination, 5 March 2018. On that basis, both the unfair dismissal claim and the discrimination claims were about 18 months out of time. ACAS early conciliation did not assist because the first contact with ACAS was made outside the original limitation period.

The unfair dismissal complaint was rejected under section 111(2) of the Employment Rights Act 1996. The claimant had acknowledged lateness. The tribunal found there was no evidence that depression made it not reasonably practicable to present the claim in time, and it held that ignorance of rights could not of itself excuse the delay. It therefore concluded that there was no jurisdiction to entertain the unfair dismissal claim.

The race and disability discrimination complaints were considered under section 123 of the Equality Act 2010. The tribunal assumed, most favourably to the claimant, that there had been a continuing act ending on 5 March 2018, but it still refused to extend time on a just and equitable basis. It found prejudice to the respondent because key witnesses Jess Robinson and Jane Winfield had left employment and no earlier statements had been taken, while the claimant had not shown a good reason for the delay. The tribunal noted the claimant's ill health but also that she had obtained and kept alternative employment, and it proceeded with the hearing in her absence after checking why she had not attended.