Mrs S Tarbatt v Manchester Airport plc — 2021

The tribunal recorded that the claimant's notice pay complaint could not succeed because she had been paid in lieu of notice. That complaint was withdrawn at the hearing and dismissed on that basis.

On the unfair dismissal complaint, the tribunal found that employment ended on 14 October 2020 and that, applying the statutory minimum notice provisions, the effective date of termination for unfair dismissal purposes was 28 October 2020. After the effect of early conciliation was taken into account, the last date for presenting the claim was 15 February 2021. The claim was not lodged until 10 March 2021.

The tribunal accepted the claimant's evidence about the advice she received from union representatives, including incorrect advice about timing, but held that it was nevertheless reasonably practicable for the claim to have been presented in time. It found that timely advice could reasonably have been given after the appeal outcome, and that the claimant could reasonably have made enquiries herself, including through ACAS, to ascertain the relevant time limits. The tribunal also stated that, even if timely presentation had not been reasonably practicable, the claim was not brought within a further reasonable period.