In Person For the v Respondent — 2020

This was a preliminary hearing about limitation. The claimant, who had been employed by the respondent since October 1969 and remained employed as a Trains Manager, said she made whistleblowing disclosures in a grievance email on 27 April 2018. The respondent told her in December 2018 that no further action would be taken, following meetings with Mr Boots, and the tribunal treated 20 December 2018 as the latest date by which she knew the grievance would not be investigated.

The claimant later wrote to the new Managing Director on 12 March 2019, but the tribunal found that this did not restart time. The tribunal held that the relevant decision had already been communicated by 20 December 2018, so the three-month time limit expired on 19 March 2019. The claim form was presented on 18 August 2019, after the limitation period had expired, and early conciliation did not extend time because it was started too late. Applying the question whether it was reasonably practicable for the claimant to present the claim in time, the tribunal found there was nothing to show that it was not reasonably practicable to do so and struck the claim out for lack of jurisdiction.