Case 3307299/2018 · Employment Tribunal
Mrs S Sanderson v NHS Blood and Transplant PRELIMINARY HEARING — 2018
- Case reference
- 3307299/2018
- Decision date
- 17 May 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Henry Appearances
- Venue
- Watford
Parties
2 namedClaimant
Mrs S Sanderson
Key findings
Tribunal's reasoningThis was a preliminary hearing on whether Mrs Sanderson’s claim was presented in time under section 111 of the Employment Rights Act 1996. The tribunal found that, following the disciplinary process, she was informed on 2 October 2017 and by letter of 6 October 2017 that her employment would end on 24 December 2017. In the absence of any contractual provision or agreed extension, that date was held to be the effective date of termination.
Applying the three-month limitation period and allowing for early conciliation from 4 January 2018 to 18 February 2018, the tribunal found that the claim presented on 17 May 2018 was nine days late if measured from 24 December 2017. It then considered whether it had been reasonably practicable for the claimant to present the claim in time and whether it was presented within a reasonable time thereafter.
The tribunal accepted the claimant’s evidence that she believed her employment had ended on 9 January 2018, supported by the continued receipt of pay and benefits, continued access to work systems and travel arrangements, and a P45 showing 9 January 2018 as her leaving date. On that basis, it found that it was not reasonably practicable for her to present the claim by 8 May 2018 and that she had presented it within a reasonable time after the expiry of the actual deadline. The tribunal therefore held that it had jurisdiction to entertain the claim.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Preliminary hearing only on limitation and jurisdiction under section 111 Employment Rights Act 1996; the tribunal did not determine the substantive merits of the unfair dismissal claim. | Other | — | — |
Legal tests applied
3 references- section 111 Employment Rights Act 1996
- reasonably practicable
- reasonable time thereafter
Official outcome judgment PDF
Gov.uk primary recordThe 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
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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