Mrs Margaret Hanson v Turning Point (Registered Charity & Company Limited by Guarantee) RECORD OF A PRELIMINARY HEARING — 2024

At a preliminary hearing on 11 April 2024, Employment Judge R S Drake considered whether Mrs Margaret Hanson's unfair dismissal claim was in time under section 111(2) of the Employment Rights Act 1996. The tribunal found that the effective date of termination was 14 July 2023, that ACAS early conciliation ran from 26 September 2023 to 11 October 2023, and that the extended primary limitation period expired on 11 November 2023. The ET1 was presented on 13 November 2023, so the claim was two days late.

Mrs Hanson relied on stress, an eye complaint diagnosed in January 2023, and the fact that she was awaiting settlement discussions through ACAS and had support from a friend, Ms Isaac. The tribunal accepted that she had the eye complaint and had access to ACAS and other advice, but found no evidence of a debility that prevented her from completing and lodging the claim. It also noted that she had been able to represent herself at an investigative meeting, disciplinary hearings, an appeal hearing, and in the incorporation process for a company.

Applying the authorities it cited, including Porter v Bandridge Ltd, Palmer v Southend BC, Sterling v United Learning Trust, Asda Stores Plc v Kauser, Dedman v British Building and Engineering Appliances Ltd, and Marks & Spencer Plc v Williams-Ryan, the tribunal held that the claimant had not shown that it was not reasonably practicable to present the claim in time. It found the delay unexplained or unsatisfactorily explained, concluded that any misadvice from skilled advisers would not assist on the facts found, and dismissed the unfair dismissal claim for want of jurisdiction.