Miss Louise Crowhurst v Leisure Employment Services Ltd — 2020

Miss Louise Crowhurst was employed as a Leisure Manager from 1 February 2012 until her employment was terminated with effect from 26 August 2019. The tribunal recorded that she was dismissed for stated gross misconduct, but the only issue for decision was limitation for her unfair dismissal claim, which was lodged on 30 January 2020. Applying the ACAS early conciliation provisions, the tribunal held that the primary time limit expired on 4 January 2020, so the claim was presented 26 days late.

The tribunal accepted that the claimant had suffered some deterioration in mental health after dismissal, including a diagnosis of depression and anxiety in November 2019, but found that by mid-November her mental health had improved sufficiently for her to commence early conciliation and start a new job. It also found that she knew she had a right to bring an unfair dismissal claim, had access to and regularly used the internet, and did not take steps to check the time limit until she contacted solicitors toward the end of December or early January. After receiving the ACAS certificate on 4 December 2019 she still did not make timely enquiries or take steps to issue proceedings.

The tribunal therefore held that it was reasonably practicable for the claim to have been presented within the primary limitation period. In consequence, it did not need to decide whether the claim had been brought within a further reasonable period, and the unfair dismissal complaint was dismissed. No monetary award was made.