Miss Nicola Cody v Southend East Community Academy Trust — 2023

This was a preliminary hearing on jurisdiction only. Miss Nicola Cody brought a claim of unfair dismissal against Southend East Community Academy Trust. The tribunal recorded that she was summarily dismissed on 15 July 2021, that the effective date of termination was 15 July 2021, and that the primary three-month time limit expired on 14 October 2021, extended to 30 October 2021 because of ACAS early conciliation between 24 September and 30 September 2021.

The claimant argued that her dismissal appeal remained ongoing until 15 November 2021 and that she had been advised by ACAS to wait for the appeal process to conclude before issuing her tribunal claim. She also relied on stress and anxiety, for which she had been signed off from 8 June 2021 until 27 December 2021. The tribunal did not accept that her illness materially affected her ability to pursue the claim or understand the time limit, and it did not accept her account of ACAS advice. It found that she had taken advice from multiple sources, including ACAS, unions, Citizens Advice, Southend Advocacy and her lay representative.

Applying the section 111 ERA 1996 two-stage test, the tribunal found it was reasonably practicable for the claimant to have presented the claim by 30 October 2021. It accepted that the employer had arranged the first appeal hearing within the time limit and rejected the suggestion that the respondent had deliberately delayed the appeal to frustrate tribunal proceedings. The tribunal also found that, even if stage two were considered, the claim was not presented within a reasonable time after expiry of the primary limitation period because it was lodged on 6 December 2021, about three weeks after the appeal outcome and without an adequate explanation for the delay.

The tribunal therefore held that it had no jurisdiction to hear the unfair dismissal complaint and struck out the claim form.