Mrs E Speight v Ideal Carehomes (Number One) Limited — 2024

At a preliminary hearing by CVP on 10 June 2024 before Employment Judge JM Wade, the tribunal considered the respondent's application to strike out the claims on time limits and/or merits. The claimant, Mrs E Speight, had less than two years' service in a care role. On the unfair dismissal complaint, the tribunal accepted that there had been an apparent misunderstanding about the end of employment, but found that the dismissal letter was clear enough to make immediate dismissal effective when it was received on 10 August 2023.

On that basis, the tribunal held that the unfair dismissal time limit expired on 9 November 2023, that ACAS early conciliation ran from 19 October 2023 to 30 November 2023, and that the claim had to be presented by 30 December 2023. As the claim was presented on 12 January 2024 and no reason such as illness or another impediment was given for the delay, the tribunal found it was reasonably practicable to present the claim in time and dismissed the unfair dismissal complaint.

The detriment complaint was treated differently. Once it was clarified that the alleged detriment arose on 19 September 2023, the tribunal found there was no time limit problem. It also declined to strike the claim out on merits, saying it could not say the allegation had little or no reasonable prospects of success. The tribunal recorded that the evidential issues, including the reason for refusing a review or appeal hearing with representation and whether the purpose was to deter use of trade union services, would be for the final hearing.