Mr J Giles v Poundland Limited — 2022

The claimant resigned on 17 March 2021 and later complained that he had been forced to retire early by the respondent's treatment of him, including being told that a training course was compulsory and the HR manager's contact with him and his wife during sickness absence. The respondent denied constructive unfair dismissal and argued that the claim was substantially out of time.

The tribunal found that the effective date of termination was 17 March 2021, so the ordinary time limit expired on 16 June 2021. Early Conciliation was not started until 18 February 2022 and the claim was presented on 3 March 2022, about eight and a half months late. The tribunal found that, although the claimant had been stressed and was pursuing an internal complaint, he had been able to write a clear complaint by 9 April 2021, had internet access, and could have made enquiries about tribunal remedies earlier. It was therefore reasonably practicable for him to present the claim in time.

The tribunal also found that, even if it had not been reasonably practicable to present the claim before the respondent's complaint outcome in December 2021, the claimant had not acted within a reasonable further period after receiving that outcome. The respondent's application for costs of £4,506 was refused because the tribunal did not find that the claimant had acted unreasonably in bringing or conducting the proceedings, and would not have exercised its discretion to award costs in any event.