Miss E Taylor v Turtle Bay UK — 2020

This was a preliminary hearing on whether Miss Taylor's unfair dismissal complaint had been presented in time under section 111 of the Employment Rights Act 1996. Judge Franey held that it had not, found the tribunal had no jurisdiction to hear it, and dismissed the complaint. The claimant had resigned with immediate effect on 3 October 2018, pursued a grievance and appeal through October and December 2018, contacted ACAS to begin early conciliation on 5 April 2019, and presented her claim on 7 May 2019.

The tribunal set out the section 111(2) test and the authorities on "reasonably practicable", including Palmer v Southend-on-Sea Borough Council, Bodha v Hampshire Area Health Authority, Trevelyans (Birmingham) Ltd v Norton, and Marks and Spencer Plc v Williams-Ryan. It accepted that the claimant was not aware of her legal rights and was pursuing a grievance, but held that neither factor prevented her from researching her position or learning that an internal grievance did not stop time running. The judge found it would have been reasonably practicable for her to take those steps during October, November, and December 2018.

The tribunal also noted that, even if the bereavement at the end of December 2018 justified some delay, there was still unexplained delay during February and March 2019 before she resumed the matter. For that reason, the tribunal held that the claim was not brought within a further reasonable period either. The substantive unfair dismissal issue, including the claimant's reference to protected disclosures and section 103A, was not determined.