No attendance For the v Respondent — 2019

The claimant brought complaints of constructive unfair dismissal, disability discrimination and a claim for a statutory redundancy payment in a claim form presented on 30 August 2018. The tribunal proceeded in the claimant's absence after he did not attend the hearing and had not explained his non-attendance. The respondent applied to strike out the claims on limitation and merits grounds.

On the unfair dismissal claim, the tribunal found that the claimant had resigned by email on 9 February 2018 and that the effective date of termination was 20 February 2018. The three-month time limit therefore expired on 19 May 2018. The claimant did not begin ACAS early conciliation until 30 July 2018, so he did not receive the benefit of an ACAS extension. The tribunal rejected the reasons advanced in his later email, namely anxiety and panic attacks without medical evidence and an internal investigation that was ongoing, and found that it had been reasonably practicable to present the claim in time.

For the disability discrimination claim, the tribunal said it was unclear from the pleadings what the alleged discriminatory acts were, but treated the last possible act as no later than 20 February 2018. It applied the three-month time limit in section 123 of the Equality Act 2010 and noted the guidance in Robertson v Bexley Community Centre t/a Leisure Link that the just and equitable discretion is exercised exceptionally and the burden is on the claimant. On the material before it, the tribunal found no sufficient reason to extend time and dismissed the claim.

The statutory redundancy payment claim was struck out under rule 37. The tribunal held that entitlement to a redundancy payment only arises where there has been a dismissal for redundancy, and that it was common ground the claimant had resigned. There was nothing in either the ET1 or the ET3 to suggest that the termination was by reason of redundancy, so the claim had no reasonable prospect of success.