Ms T Smith v Select Service Partner UK Ltd — 2018

The claim proceeded only as a complaint that the claimant had been subjected to detriments for making protected disclosures under section 47B of the Employment Rights Act 1996. The Tribunal recorded that there was no unfair dismissal claim, including no automatically unfair constructive dismissal claim under section 103A ERA.

The claimant relied on alleged detriments ending on 24 October 2017. The Tribunal held that the ordinary time limit expired on 23 January 2018, before the claimant began Acas early conciliation on 25 January 2018, so the early conciliation provisions did not extend time. The claim presented on 1 April 2018 was therefore out of time.

The Tribunal found that it was reasonably practicable for the claimant to present the claim in time. It took account of her contact with Acas, her access to the internet, her knowledge of her rights, and the fact that she had submitted an online claim form on 17 January 2018. It concluded that it had no jurisdiction to hear the section 47B complaints and did not go on to decide whether the alleged disclosures qualified for protection.