Ms Suraiya Begum v Surgi-Call Locums Limited — 2021

On 13 November 2020 Employment Judge K J Palmer held a telephone preliminary hearing and dealt only with whether the Second Claim could proceed. The claimant had presented her First Claim on 31 July 2019 while still employed, resigned on 19 August 2019, and then presented the Second Claim on 14 May 2020. No formal application to amend the First Claim to add constructive dismissal was before the judge.

On the constructive dismissal complaint, the tribunal applied the s.111(2) ERA 1996 time limit and the "not reasonably practicable" test. Even after the early conciliation adjustment, the claim was treated as about six months late. The judge found the claimant had written a detailed resignation letter, started Acas early conciliation, obtained legal advice, communicated coherently with the tribunal, started new employment on 14 October 2019, and worked in that role, and concluded that the medical evidence did not show that her anxiety and depression made it not reasonably practicable to present the claim in time. Time was not extended and the constructive dismissal claim was struck out.

The judge then considered any discrimination claims in the Second Claim under the just and equitable test in s.123(1)(b) Equality Act 2010. He said the pleading did not clearly show what discrimination claims, if any, were included, but found that any such claims were also out of time. Taking the chronology and the prejudice to the Respondent into account, and referring to British Land v Keeble and Adedeji, he declined to extend time. All claims in the Second Claim were therefore struck out and could not proceed, and no remedy was awarded.