Jennifer Kissi-Hawkson v Choice Support — 2025

The claimant resigned with immediate effect on 6 November 2024 after more than two years' employment as a Care Assistant. Although she referred to discrimination in her claim, she had not brought a discrimination claim on the ET1 and did not identify any protected characteristic when asked at the hearing. The tribunal therefore treated the case as constructive unfair dismissal only, which was explained to and accepted by the claimant.

The tribunal found that the primary limitation period, extended by ACAS early conciliation, expired on 26 March 2025 and that the claim presented on 30 May 2025 was more than two months late. It accepted the claimant's evidence about depression and talking therapy, but found that she was able to undertake reasonably involved tasks during the limitation period and that the impact of her depression did not make timely presentation not reasonably practicable.

The tribunal also found that waiting for a resolution was not a sufficient reason for delay, as ACAS early conciliation had ended in February 2025 and there was no evidence of negotiations after that. It concluded that it had no jurisdiction to consider the claim and dismissed it.