Mr N Furlong v IBM (United Kingdom) Ltd — 2024

The tribunal found that the claimant verbally resigned on 28 April 2022 in a call with Mrs Patel and then confirmed that resignation in writing on 3 May 2022. It preferred Mrs Patel's evidence and the contemporaneous email exchange over the claimant's case that he had only said he was intending to resign. Because the claimant's contract required one month's notice, the effective date of termination was held to be 28 May 2022, not 3 June 2022.

On that basis, the three-month limitation period for the breach of contract claim relating to unpaid expenses and for the holiday pay claim expired on 28 August 2022. The claimant did not contact ACAS until 30 August 2022, so he did not obtain the benefit of the early conciliation extension. The tribunal held that it was reasonably practicable for him to present those claims in time, noting that he had taken legal advice, knew about the time limits, and did not rely on any physical or mental impairment as preventing earlier action.

The disability discrimination claim was also out of time. The tribunal applied the just and equitable test under section 123 of the Equality Act 2010 and declined to extend time, taking into account the absence of particulars, the claimant's failure to comply with the order requiring medical evidence and an impact statement, and the absence of persuasive representations as to why an extension should be granted. The judgment therefore dismissed the identified claims for want of jurisdiction. It also records that a claim for underpayment of salary was conceded to be in time, but that issue was not finally determined and the parties were directed to notify the tribunal whether it had been resolved or needed a hearing.