Christopher Elliott v Joan Tranent — 2024

Christopher Elliott began employment with Midlothian Council on 2 October 2017 and later moved into a Learning Assistant role at Vogrie Country Park, with that post starting on 19 December 2022. He resigned by letter dated 17 April 2023, with an effective date of termination of 15 May 2023. At the hearing he confirmed that the only claim was unfair (constructive) dismissal, and that the reference in his ET1 to health and safety, pay, and a complaint investigation was background only; he also confirmed that he was not bringing a discrimination claim.

The tribunal found that the first ET1 presented on 27 July 2023 was rejected because the claimant had not completed ACAS early conciliation before instituting proceedings. He then started early conciliation on 7 August 2023, received three ACAS certificates on 18 September 2023, and the one-month extension under section 207B of the Employment Rights Act 1996 meant the time limit expired on 18 October 2023. The later ET1 was treated as presented on 29 November 2023, so it was outside the extended time limit.

Applying section 111(2) and section 111(2A) of the Employment Rights Act 1996, together with the reasonable practicability test, the tribunal held that it was reasonably practicable for the claim to have been presented by 18 October 2023. It found that the claimant knew of his right to claim by 27 July 2023, knew of the ACAS requirement by 1 August 2023, and knew by early August of the basic time limit and the extension following early conciliation. The tribunal did not accept that moving house, a new job, family illness, or a holiday provided a reasonable excuse for the delay. It also observed that there was no factual or statutory basis for an unfair dismissal claim against Joan Tranent or Heather Fleming, because the claimant was employed only by Midlothian Council, though it did not need to decide strike-out separately. The claim was dismissed and no award was made.