Mr D Hallström (Free v Respondent — 2023

The Tribunal held that the Claimant's remaining claims were presented outside the statutory time limits and that it therefore had no jurisdiction to consider the substantive claims. For the 2022 period of employment, the primary limitation period expired on 25 November 2022 and the claim was not received until 13 December 2022. The ACAS Early Conciliation period could not extend time because it began after the primary limitation period had already expired.

The Tribunal accepted that the Claimant had very limited English, was initially focused on her immigration position, and first sought advice from Kalayaan on 17 October 2022. It found that Kalayaan then took over the matter, but that Ms Mohsin and then Ms Hirst failed to turn their minds to employment tribunal limitation periods when they should have done so. The Tribunal applied the reasonably practicable test and the Dedman principle, and concluded that although the Claimant herself had done what she reasonably could, it would have been reasonably practicable for the 2022 claims to be presented in time if proper advice had been given.

The 2021 period claim, added by amendment on 21 February 2023, was also held out of time. The Tribunal noted that the primary time limit for that period expired on 30 November 2021. It found that the Claimant did not know enough at the time to bring that claim, but that if reasonable advice had been given once she reached Kalayaan, the earlier claim could also have been brought within the time limit applicable to the 2022 period. All claims were therefore dismissed.