Miss J Kennedy v Manchester Airport plc — 2019

The tribunal considered a preliminary issue of jurisdiction in relation to an unfair dismissal claim. Miss Kennedy was dismissed with effect from 10 December 2018, although dismissal was confirmed in writing on 21 December 2018. The tribunal found the primary limitation period therefore expired on 9 March 2019.

The tribunal accepted that the dismissal had a severe effect on the claimant's mental health and that a medical procedure in December 2018 prevented her from taking steps to pursue her rights until after the new year. Once able to do so, she sought informal advice from Mr Lloyd, who told her that time ran from the date of the dismissal letter and that she had until 20 March 2019 to contact ACAS. The tribunal found that advice was wrong, that there was no ambiguity about the date of termination, and that it would have been reasonably practicable for the correct time limit to have been ascertained and for early conciliation to have been started in time.

Applying the authorities on reliance on advisers, the tribunal concluded that the claimant was fixed with that mistaken advice and that it had been reasonably practicable to present the claim in time. It also found, in the alternative, that even if the primary test were met, the claim was not presented within such further period as was reasonable because there was no sufficient explanation for the further delay after ACAS early conciliation. The unfair dismissal claim was therefore dismissed for want of jurisdiction.