Mr J Neckles (union representative) For the v Miss L Smith (solicitor) — 2022

At the start of the CVP hearing on 14 February 2022, the claimant withdrew his Equality Act 2010 claims for direct race discrimination and harassment related to race, and his Employment Relations Act 1999 claim concerning the right to be accompanied. Those claims were dismissed on withdrawal. The only live claims were constructive unfair dismissal and wrongful dismissal, arising from the claimant's resignation on 16 August 2019 after he said the respondent had refused to allow his chosen trade union representatives to accompany him at investigation and disciplinary meetings.

The tribunal found that the claims were presented well outside the primary time limit. The effective date of termination was 16 August 2019, ACAS was contacted on 20 August 2020, the EC certificate was issued on 21 August 2020, and the ET1 was presented on 20 September 2020. Applying the reasonably practicable test under section 111(2) of the Employment Rights Act 1996 and the authorities cited, the tribunal held that the claimant knew the factual basis for his constructive dismissal and wrongful dismissal claims by the date of resignation, or at latest from his contemporaneous letters in July and August 2019.

The tribunal noted that those letters already asserted a contractual right to be accompanied and said that the alleged refusal amounted to a fundamental breach of contract and a breach of trust and confidence. The further information the claimant said he obtained in June 2020 from a union representative did not change that position, because it did not add anything material to the facts needed to bring the claims. The tribunal also found that, even if time had run from June 2020, the delay before contacting ACAS and presenting the claim was not a further reasonable period. It therefore held that it had no jurisdiction to hear the remaining claims and dismissed them.