Mrs A Barron v Farrell Heyworth Limited — 2023

This was a preliminary hearing on whether Mrs Barron's constructive unfair dismissal claim had been presented in time. The tribunal found that the primary deadline, after taking account of early conciliation, was 22 January 2022, and that the ET1 was not received by the Employment Tribunal until 27 January 2022. The issue was therefore whether it was not reasonably practicable to present the claim in time, and whether it was then submitted within such further period as was reasonable.

The tribunal accepted that Mrs Barron had genuine difficulty completing the ET1 on her mobile phone, that she printed and completed the form by 18 January 2022, and that she mistakenly emailed it to ACAS rather than to the Employment Tribunal. It also accepted her evidence that she chased ACAS, was told the claim had to be submitted to the Tribunal, and then posted the form first class on 21 January 2022. The judge found that her mistake about email submission and about sending it to ACAS was a reasonable one in the circumstances, particularly given her limited access to technology and the way the form and online guidance were presented.

Applying s.111(2)(a) and s.207B Employment Rights Act 1996, together with the not reasonably practicable test and the authorities cited, including Palmer, Walls Meat Co v Khan, Trevelyans, Cygnet Behavioural Health v Britton, and Consignia PLC v Sealy, the tribunal held that it was not reasonably practicable for the claimant to present the claim by 22 January 2022. It further held that the claim was then presented within such further period as was reasonable, given the short additional delay while the form was in the post. The tribunal therefore found that it had jurisdiction to hear the unfair dismissal claim, which would proceed to a final hearing.