Mr J van Rheede-Toas, representative For the v Ms C Sleep, solicitor — 2023

Mrs Van Rheede-Toas worked as a lunchtime supervisor at William de Yaxley Church of England Primary Academy from 6 May 2002 and resigned on 27 July 2022, with an effective date of termination of 31 August 2022. She presented her ET1 on 27 March 2023 after ACAS early conciliation in October 2022, advancing constructive unfair dismissal, disability discrimination, and race discrimination. The tribunal noted that the ET1 contained limited particulars and that an order for further particularisation by 7 August 2023 was not complied with.

On the constructive dismissal claim, the tribunal applied s.111(2) ERA 1996 and the 'not reasonably practicable' test, citing Porter v Bandridge, London Underground Ltd v Noel, and Wall's Meat Co v Khan. Although the claimant had ME/CFS and significant distress, the judge found no adequate explanation for why those difficulties prevented presentation of the claim within time. He found that the claimant understood her rights, had prepared detailed resignation and grievance correspondence, had contacted ACAS, and had no practical reason not to file the claim in time. The constructive unfair dismissal claim was therefore dismissed for lack of jurisdiction.

On the Equality Act claims, the tribunal applied s.123(1) Equality Act 2010 and the 'just and equitable' discretion, referring to Abertawe Bro Morgannwg University Local Health Board v Morgan and taking into account delay, prejudice, and merits. The judge concluded that the delay was unexplained and several months long. He said the race claim was weak and tenuous, with no material supporting the contention that race played any part, and that the disability claim showed only some semblance of an arguable case on reasonable adjustments and detriment arising from disability, but remained hard to understand and inadequately particularised. Both Equality Act claims were struck out under Rule 37(1) as having no reasonable prospect of success.