Ms R Kemp v L&R Medical UK Ltd — 2019

Ms Kemp was employed by L&R Medical UK Ltd as an accounts manager from 7 February 2000 until 30 November 2018, when she was told that her dismissal on redundancy grounds was effective from that date. The tribunal found that the appeal was dismissed on 21 December 2018. It noted that the redundancy process and the correspondence were detailed, that Ms Kemp had severe anxiety around the time of redundancy, and that the tribunal was not making any assessment of the underlying merits of the dismissal or discrimination complaints.

For unfair dismissal, the tribunal held that the effective date of termination was 30 November 2018, so the section 111(2) ERA 1996 time limit expired on 28 February 2019. It accepted that Ms Kemp's anxiety meant it was not reasonably practicable for her to present a claim until mid-February 2019, but found that by then it had become reasonably practicable because she attended a trade fair and secured work with a former director's company. In any event, by the end of March 2019 she was using email and the internet, had knowledge of the time limits, and chose to prioritise her new job; presenting the claim on 13 June 2019 was therefore too late.

For direct age discrimination, the tribunal assumed, without deciding, that the dismissal and appeal could amount to a continuing act. On that basis, time ran from the appeal decision communicated on 21 December 2018 and expired on 20 March 2019. Taking account of the same factual background, the tribunal held that it was not just and equitable to extend time under section 123 EqA 2010, relying in particular on the delay after Ms Kemp had recovered enough to act, the further delay after she knew of the time limit, and the additional delay after early conciliation ended. Both claims were therefore dismissed for want of jurisdiction.