Miss M Consiglio v Department for Work and Pensions — 2020

The Claimant was summarily dismissed on 2 August 2019 and presented her ET1 on 24 June 2020. The Tribunal found that the primary limitation period for an unfair dismissal complaint expired on 1 November 2019 and considered whether it had been reasonably practicable for the claim to be presented by then.

The Tribunal accepted the Claimant's uncontested evidence that she had been subjected to a violent assault on 21 August 2019 and had experienced physical and mental injuries, including PTSD. However, it found there was insufficient evidence that those matters made it not reasonably practicable to present the claim in time, noting that during the relevant period she had applied for a job, attended an interview, and made a self-referral for counselling.

The Tribunal also found that, even if it had not been reasonably practicable to present the claim by 1 November 2019, the further delay until 24 June 2020 was not reasonable. It found that the Claimant had support from family and victim support, had been able to prepare and submit an internal appeal in January 2020, and ought to have known of her rights. The Tribunal concluded that pending criminal proceedings and the Claimant's wish to obtain CPS evidence did not prevent her from presenting an unfair dismissal claim. The claims were dismissed for lack of jurisdiction.