In person For the v Ms. Egan - Counsel — 2023

The tribunal heard the case on 27 January 2023 and recorded that the Claimant presented her claim on 3 June 2022, after the limitation dates for both the unfair dismissal and discrimination complaints. The Claimant accepted that the claims were out of time. The tribunal therefore considered whether it was reasonably practicable for the unfair dismissal complaint to have been presented in time, and whether it was just and equitable to extend time for the discrimination complaint.

On unfair dismissal, the tribunal found it was reasonably practicable to bring the claim within the time limit. It relied on the Claimant's access to advice from several sources, including her daughter, a solicitor, union representatives, and Union Line; her ability to draft a detailed appeal about the refusal of flexible working; and her continued communications with the Respondent and her union representative. The tribunal accepted that the Claimant said she was in a 'dark place' and referred to mental health issues, but found there was no evidence of medical treatment and no basis to say that her mental health prevented her from acting. The unfair dismissal claim was dismissed.

On discrimination, the tribunal applied the s123 Equality Act 2010 just and equitable test and considered the length and reason for the delay, the likely effect on witness evidence, promptness, and the other relevant factors it identified. It noted that Union Line told the Claimant on or about 18 February 2022 that the claim was out of time, but she did not then contact ACAS, research the position, or seek further help. Instead, she waited for the appeal process to finish, then spent a month in conciliation before presenting the claim on 3 June 2022. The tribunal found the delay significant, the reasons not credible, and declined to extend time. The discrimination claim was dismissed.