Miss C Edwards v Derbyshire County Council Heard: in Nottingham — 2023

Miss C Edwards was employed by Derbyshire County Council from 26 January 2011 until 22 March 2021, when she was dismissed for ill health capability. Her claim to the tribunal was presented on 11 August 2022, after early conciliation in August 2022, and the preliminary hearing on 8 March 2023 proceeded in her absence under Rule 47.

The tribunal found that the primary limitation period expired on 21 June 2021 and that the claim was presented 415 days late. Although the claimant had sent emails after dismissal referring to possible legal action and asking how to claim unfair dismissal, she gave no evidence and no explanation for the delay. Applying the section 111 ERA 1996 and section 23 ERA 1996 time limit questions, and relying on the claimant's awareness of her right to complain, the tribunal held it had not been shown that it was not reasonably practicable to present the unfair dismissal and unlawful deduction claims in time, and that the claims were not brought within a reasonable period thereafter.

The tribunal also held that the disability discrimination complaint was out of time under section 123 Equality Act 2010. It found there was no evidence explaining the delay or any basis on which it would be just and equitable to extend time, and accepted the respondent's submission that it would be prejudiced by having to defend a stale claim. The tribunal therefore concluded that it had no jurisdiction to hear the unfair dismissal, unlawful deduction from wages, redundancy payment, or disability discrimination complaints.