Mr S Susak, Counsel For the v Respondent — 2023

The preliminary hearing concerned limitation issues only. The claimant had resigned with immediate effect on 7 January 2022 and did not begin ACAS Early Conciliation until 5 May 2022, with the claim presented on 10 May 2022. It was accepted that the constructive unfair dismissal and disability discrimination claims had been presented out of time.

For the constructive unfair dismissal claim, the tribunal found that the claimant had not shown it was not reasonably practicable to present the claim in time. It accepted that she had personal difficulties, medical issues and was taking medication, but found that she had been working full time in a role requiring accuracy, had previously contacted ACAS, had access to a computer, and could have made reasonable enquiries about bringing a tribunal claim and the applicable time limits.

For the disability discrimination claim, the tribunal found that the claimant had not provided a proper explanation for the delay and did not accept that she only became able to think clearly enough to bring a claim at the end of April or beginning of May 2022. The tribunal found that she was prompted to act by the respondent's letters of 29 April 2022 and concluded that it was not just and equitable to extend time. Both claims were dismissed.