Mrs S Ryan v Essex Partnership University NHS Foundation Trust — 2021

Mrs S Ryan brought a claim for damages for breach of contract against Essex Partnership University NHS Foundation Trust. Employment Judge B Elgot heard the matter remotely by Cloud Video Platform on 2 August 2021. The tribunal recorded that the remote format was not objected to and that a face-to-face hearing was not required.

The tribunal dismissed the breach of contract claim because an Employment Tribunal has no jurisdiction to hear it under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994. It also held that the claim was out of time under Article 7 of the 1994 Order because it was not presented within three months of the effective termination of employment on 31 March 2020, and it was not lodged within the extended time limit applicable to the ACAS early conciliation provisions.

The tribunal further found that it was not reasonably practicable for the claimant to bring the claim within the primary time limit, but that she did not then present it within such further period as the tribunal considered reasonable. No substantive monetary remedy was awarded on the claim.

The respondent's application for costs was not determined at this hearing. The tribunal directed the respondent to make any written application by 23 August 2021, with a detailed breakdown of costs, and directed the claimant to respond in writing by 13 September 2021 including information about her ability to pay.