Claimant v N Duddy T/a Strathaven Tea Room — 2019

Mrs Mackay presented an unfair dismissal claim on 6 February 2019. Her employment ended on 28 September 2018. The tribunal found that, taking account of the early conciliation process, the claim had to be presented on or before 27 January 2019, so the claim was late by about ten days.

The claimant said she had understood from online research that she had three months from receipt of the early conciliation certificate, and she also said she had been dealing with family issues following her brother’s suicide. The tribunal accepted that she had made some online enquiries and that the family circumstances were difficult, but it found that she knew she had a right to bring a claim and had started early conciliation shortly after her employment ended.

Applying section 111 of the Employment Rights Act 1996 and the authorities cited, including Palmer and Saunders v Southend on Sea Borough Council, Asda Stores Ltd v Kauser, and Trevelyans (Birmingham) Ltd v Norton, the tribunal held that the claimant’s misunderstanding of the time limit did not make it not reasonably practicable to present the claim in time. It also found there was no evidence that her emotional circumstances prevented her from doing so. The tribunal therefore held the claim was out of time and could not proceed. Separately, it recorded an earlier preparation time order requiring the respondent to pay the claimant £102 and gave 14 days for payment.