Miss E Ottway v Thames Reach OPEN PRELIMINARY HEARING — 2022

Miss Ottway did not attend the hearing, and the tribunal proceeded in her absence. The issue was whether the unfair dismissal claim, presented on 16 November 2021, was in time given that her last day with Thames Reach was 14 June 2021 and ACAS early conciliation began only on 28 October 2021, with the certificate issued on 1 November 2021. The tribunal treated 13 September 2021 as the primary limitation deadline.

Applying section 111(2) of the Employment Rights Act 1996, together with the early conciliation provisions in section 207B(2)-(4), the tribunal found it was reasonably practicable for the claimant to present her claim by 13 September 2021. The tribunal placed the burden on the claimant, noted that she had provided no evidence, and relied on the fact that she had appealed in August 2021, showing awareness that she had been dismissed and was challenging that dismissal. It also referred to Wall's Meat Co Ltd v Khan and Porter v Bandridge Ltd, including the point that the relevant question is whether the claimant ought to have known of the time limit.

The tribunal also found that, even if it were wrong on reasonable practicability, the claim was not presented within such further period as was reasonable. It noted that the claim was about two months late overall, that the claimant waited six weeks after the primary time limit before contacting ACAS, and that she then waited a further two weeks after the certificate before presenting the claim. The tribunal referred to the public interest in prompt presentation of claims, citing Cullinane v Balfour Beatty Engineering Services Ltd. The unfair dismissal claim was therefore dismissed for lack of jurisdiction.