Mrs B Newman v Vale Academy Trust — 2024

The tribunal heard a preliminary issue on time limits. Mrs Newman had been employed by Vale Academy Trust from 3 September 2007 to 19 November 2023, and she presented her claim form on 15 March 2024. The tribunal held that the primary limitation period expired on 18 February 2024 and that the Acas early conciliation period did not start until 29 February 2024, so she did not get the extension identified in Pearce v Bank of America Merrill Lynch and ors and her claim form was 26 days late.

The tribunal accepted that Mrs Newman’s explanation for the delay was genuine. It recorded the personal pressures she faced after leaving employment, including a traumatic family emergency in December 2023, a further family emergency on 5 January 2024 involving a disabled family member, a new job with a longer commute, and her efforts to prepare and submit a grievance. It also accepted that on 2 February 2024 she believed she had logged the matter with Acas and thought Acas would contact the respondent.

Applying the reasonable practicability authorities it cited, including Dedman v British Building and Engineering Appliances Ltd, Wall's Meat Co Ltd v Khan, Porter v Bandridge Ltd, Lowri Beck Services Ltd v Brophy, Palmer and anor v Southend-on-Sea Borough Council, Asda Stores Ltd v Kauser, and Stratford on Avon District Council v Hughes, the tribunal held that it was nevertheless reasonably practicable for her to have obtained an EC certificate in time. It found that she was capable of completing the Acas form or reading the email confirming that she had only received a save-and-return code, and that she had nearly completed the process. As a result, the claims of constructive unfair dismissal, constructive automatic unfair dismissal on protected disclosure grounds, and detriments for protected disclosure were all dismissed. No remedy was awarded.