“A” v British Broadcasting Corporation — 2021

The tribunal considered whether the claimant's original ET1, presented on 28 November 2019 without an ACAS early conciliation certificate number and relying on an exemption, should have been rejected. It concluded that the claims were relevant proceedings, the exemption did not apply, and the claim form ought to have been rejected under rule 12(2)(d). The tribunal rejected the claim but treated the claimant's 19 November 2020 resubmitted ET1 and pre-emptive application as a valid reconsideration application, with the defect rectified from that date.

For unfair dismissal, the effective date of termination was 31 August 2019 and the ordinary time limit expired on 30 November 2019. The tribunal found that the claimant's mental health, litigant-in-person status and mistaken belief about early conciliation did not show that timely presentation was not reasonably practicable. It noted that the claimant had been able to present the original claim within time and then obtain an ACAS certificate promptly once the issue was identified. The unfair dismissal claim was therefore struck out.

For disability discrimination, the tribunal applied the just and equitable test. It accepted that the original mistake was not a reasonable one, but placed weight on the claimant's prompt attempt to bring the claim, the subsequent delay within the tribunal process, the respondent's early awareness of the claim, and the absence of substantial prejudice identified by the respondent. It extended time for the disability discrimination claims relating to the career break and termination of employment, leaving any further issues about amendment and earlier allegations to be considered separately.