Miss L Thompson v Sciensus Pharma Services Limited RECORD OF A PUBLIC PRELIMINARY HEARING — 2025

This was a public preliminary hearing before Employment Judge Alliott at Watford on 29 October 2025. The claim concerned unfair dismissal. The tribunal recorded that the claimant was dismissed on 19 March 2024, that the three-month limitation period expired on 18 June 2024, that Acas was notified on 17 July 2024, and that the ET1 was presented on 23 August 2024. On that basis the claim was out of time unless the claimant could show that it was not reasonably practicable to present it within the primary limitation period.

The claimant relied on poor mental health after dismissal, the absence of immediate union support, and some uncertainty about contacting Acas. The tribunal noted that there was no medical evidence covering the relevant period between 19 March and 18 June 2024. The medical records produced began on 15 August 2024 and recorded depression and other conditions, but did not establish that those conditions prevented her from taking steps to pursue a claim during the limitation period.

The tribunal accepted that the claimant was depressed and stressed, but found that this did not prevent her from acting. It relied on evidence that she pursued an appeal against her dismissal, attended an appeal hearing on 21 May 2024, and was also actively pursuing an NMC appeal during the same period. The tribunal found that she was articulate and intelligent, that she could have chased up information from her union, and that any ignorance of her rights or time limits was unreasonable. It therefore concluded that it was reasonably practicable for the claimant to present the claim in time.

Because the tribunal found that the claim was late and that the lateness was not excused under section 111(2) of the Employment Rights Act 1996, it held that there was no jurisdiction to hear the claim and struck it out.