In person For the v Mr K Bhatt, Solicitor Interpreter: Ms Monika Dubiel, Polish speaking PRELIMINARY HEARING — 2022

The claimant brought one claim only: constructive dismissal. The tribunal found that she resigned with immediate effect on 8 June 2020, as shown by her resignation letter and confirmed by her P45. On that basis, ACAS should have been notified by 7 September 2020, but notification was not made until 13 September 2020 and the tribunal therefore held that the claim was presented outside the statutory time limit.

The tribunal considered whether it was not reasonably practicable for the claim to be presented in time under section 111(2) Employment Rights Act 1996. It accepted that the claimant said she had contracted Covid in April 2020 and later experienced possible long Covid symptoms, but no medical evidence was produced. The tribunal noted that she obtained full-time work on 25 June 2020, worked 48 hours per week, travelled to Poland in August 2020, and continued household duties. It was not satisfied that these matters showed it was not reasonably practicable to notify ACAS within the three-month period.

The constructive dismissal claim was therefore dismissed. After judgment, the respondent applied for costs under Rule 76, relying on the claimant continuing with a claim it said was out of time. The tribunal refused the application under Rule 84, taking into account the claimant's limited English, inability to obtain legal advice, limited income, and outstanding loans of £7,000, and finding that she could not pay any costs order or contribution toward one.