Case 3300020/2022 · Employment Tribunal

In person For the v Respondent — 2023

Case reference: 3300020/2022
Decision date: 28 April 2023
Jurisdiction: England & Wales
Judge: Employment Judge Postle Appearances
Venue: Norwich

Indexed: 21 May 2026

Parties

1 named

Claimant

In person For the

Respondent

Key findings

Tribunal's reasoning

This was an open preliminary hearing on time limits only. The claimant said her disability was autism. The tribunal recorded that she was dismissed in June 2021, that ACAS Early Conciliation ran from 13 September 2021 to 23 September 2021, and that the ET1 was not presented until 4 January 2022, some 73 days after the extended limitation date. The claimant had union representation during suspension, the disciplinary process and the appeal, then withdrew her appeal and withdrew from ACAS conciliation. She also started new work as a taxi driver and continued with her master's degree.

Applying the statutory test under s.111(2)(a) ERA 1996 and the authorities it cited, including Wall's Meat Company Ltd v Khan and Asda Stores Ltd v Kauser, the tribunal found it was reasonably practicable for the claimant to present the unfair dismissal and wrongful dismissal claims within the primary time limit. It relied on the claimant's education, her ability to engage with official processes, her trade union support, and the fact that she was able to take up new employment, obtain a taxi licence and continue her studies.

For the Equality Act 2010 disability claim, the tribunal applied s.123 and s.140B together with the just and equitable discretion, referring to Adedeji v University Hospitals NHS Foundation Trust and the need to consider the length and reasons for delay and prejudice. It refused to extend time, noting that the claimant had not given a persuasive explanation for the delay and that there was potential prejudice because key individuals had left the respondent's employ. No merits findings or remedy awards were made.

Claims and outcomes

3 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The tribunal held it was reasonably practicable to present the unfair dismissal claim within the three-month time limit, so no extension was granted. The judgment refers to dismissal on 17 June 2021 and also, in paragraph 24, to 16 June 2021.	Dismissed	—	—
Wrongful dismissal	The tribunal held it was reasonably practicable to present the wrongful dismissal claim within time and did not allow it to proceed out of time. The judgment also frames this head as a breach of contract claim under paragraph 3 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994.	Dismissed	—	—
Disability discrimination	The Equality Act disability claim was presented outside the extended limitation period, and the tribunal declined to extend time on the just and equitable basis. The decision records a delay of 73 days and notes potential prejudice because Mr Harris and Mr Rocky had left the respondent's employ.	Dismissed	Disability	—

Legal tests applied

8 references

Official outcome judgment PDF

Gov.uk primary record

The official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.

Published on gov.uk under the Open Government Licence v3.0.

How we got this data

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