Ms Christy Howells v Herbalife Europe Ltd — 2023

Ms Christy Howells worked for Herbalife Europe Ltd as a Senior Creative Designer from 12 August 2019 until she resigned on 25 March 2022, leaving at the end of her notice on 25 April 2022. She alleged that her line manager treated female staff differently from male colleagues and raised those concerns in an internal grievance. The tribunal found that the three-month limitation period expired on 24 July 2022 and that the claim form was not presented until 16 August 2022. Although she contacted ACAS on 10 August 2022 and obtained a certificate on 16 August 2022, that was outside the primary time limit.

For the constructive unfair dismissal claim, the tribunal applied the reasonably practicable test under section 111(2) of the Employment Rights Act 1996. It found that the claimant knew she may have a constructive dismissal claim in April 2022, including because she referred to constructive unfair dismissal in her grievance email and had been advised by her partner to contact ACAS. The tribunal held that it was reasonably feasible for her to research and present the claim in time, and that waiting for the grievance outcome was not enough to justify the delay. That claim was therefore struck out because the tribunal had no jurisdiction to hear it.

For the direct sex discrimination claim, the tribunal applied the just and equitable test under section 123(1) of the Equality Act 2010. It accepted that the claimant had waited for the grievance outcome, but considered the overall delay, the limited prejudice to the respondent, and the material already gathered in the grievance investigation. The tribunal also noted that the grievance outcome referred to unconscious bias and could support the claimant's case on the merits. Balancing those factors, it extended time and allowed the sex discrimination claim to proceed to a final hearing.