Mrs P. Morgan v Gateshead Council — 2023

Mrs P. Morgan brought a single unfair dismissal claim against Gateshead Council arising from her redundancy in July 2022. The tribunal found that the effective dismissal date was 20 or 21 July 2022 and that the claimant knew from dismissal that she had to bring a tribunal claim within three months, subject to the ACAS early conciliation extension. She entered early conciliation on 17 October 2022 and received her ACAS certificate on 28 November 2022, which meant the most favourable extended deadline was 28 December 2022.

The claim form was presented on 9 January 2023, about 12 days late. The claimant relied on illness, including covid from about 3 December to 10 December 2022, ongoing tiredness, long-standing back and menstrual problems, and the effect of caring for her son, who has type I diabetes. The tribunal accepted that she had some health challenges and that covid symptoms can be debilitating, but it was not satisfied on the evidence that those matters prevented her from presenting the claim in time.

Applying section 111(2) ERA 1996 and the authorities it cited, including Signet Behavioural Health Ltd v Britton, Schultz v Esso Petroleum Ltd, London Underground Ltd v Noel, Bodha v Hampshire AHA, Tanveer v East London Bus and Coach Company, and Kauser v Asda Stores Ltd, the tribunal found that the claimant knew of her rights, had access to a laptop and the internet, had not been misled by anyone, and could have sought help from family members. It also noted that this was a simple unfair dismissal claim requiring limited information. The tribunal therefore held that it was reasonably practicable to present the claim in time, and alternatively that the claim was not lodged within such further period as was reasonable.

The claim was dismissed for lack of jurisdiction. No monetary remedy was awarded.