Ms J Wood Respondent Tyson Lighting Ltd v Andrew Gibson (CEO) Rachel Cowgill (Company Secretary) — 2021

The claimant, Ms J Wood, was dismissed by Tyson Lighting Ltd for gross misconduct on 7 February 2020, with the dismissal confirmed in a letter dated 13 February 2020. The tribunal found that the effective date of termination was 7 February 2020. Ms Wood did not appeal. She applied for ACAS early conciliation on 7 June 2020, and the tribunal treated that date as the relevant step for limitation purposes.

The issue at the preliminary hearing was whether it had been reasonably practicable for the unfair dismissal claim to be presented within the three-month time limit in section 111 of the Employment Rights Act 1996. The tribunal noted that the claim was about one month and one day outside the ordinary time limit. Ms Wood said she was in shock after the dismissal, had difficulty obtaining advice during the pandemic, and had tried unsuccessfully to contact the Citizens Advice Bureau.

The tribunal accepted that the claimant was upset and that the pandemic had some impact, but found that this did not prevent her from making enquiries about the tribunal time limit. It noted that she had already sought and found alternative work and had contacted the respondent for a reference by 26 February 2020, which showed she had the capacity to take steps after dismissal. The tribunal also observed that the pandemic did not begin to significantly affect daily life until mid-March 2020, about five weeks after the dismissal.

Applying the reasonably practicable test, and referring to Trevelyans (Birmingham) Ltd v Norton, the tribunal held that it was reasonably practicable for the claimant to have presented her claim in time. It found no just cause or excuse for the delay and dismissed the claim for lack of jurisdiction. No remedy was awarded.