Ms Debra Symonds v The Roachford Martial Arts Academy and Gavin King — 2019

This was a preliminary hearing before Employment Judge Burgher at East London Hearing Centre on 4 April 2019. The tribunal had been listed to decide whether the claim was in time and, if so, whether the claimant was employed by the respondent. Because the claimant had not provided a witness statement and was not prepared to deal properly with employee status, the judge decided to deal only with the time-limit issue.

The tribunal found that the ACAS early conciliation certificate was issued on 19 August 2018 and sent to both parties by email. On that basis, the claimant had until 19 September 2018 to present her ET1, but it was lodged on 24 September 2018. The judge therefore held that the claims were out of time.

For the unfair dismissal and arrears of pay claims, the tribunal applied the 'reasonably practicable' test under the Employment Rights Act 1996, referring to Palmer and Saunders v Southend-on-Sea Borough Council. The judge found that it was reasonably feasible for the claimant to have presented in time, taking into account that she had spoken to ACAS several times, had access to a solicitor and the ACAS website, and was aware of the ACAS pause. The judge did not accept her account that ACAS was at fault for the delay and described her evidence on the time limit as vague.

For the disability discrimination and harassment complaints, the tribunal applied the 'just and equitable' approach, referring to Aziz v FDA, Robertson v Bexley Community Centre (t/a Leisure Link) and British Coal Corp v Keeble. The judge found that the claimant had done little to help herself, had not shown that ACAS caused the delay, and had ample opportunity to discover the time limit. The judge also noted the lack of any specific grievance presented to the respondent and that the ET1 allegations were generic. The disability discrimination and harassment complaints were dismissed as out of time.