(sitting alone) Ms S Macdonald v Falkirk Community Trust — 2021

Ms S Macdonald was dismissed summarily on 30 January 2020 and the tribunal accepted that the normal unfair dismissal time limit expired on 29 April 2020. It found that she did not start ACAS early conciliation before that date, so there was no extension under s.207B of the Employment Rights Act 1996. The only issue the tribunal determined was whether it was not reasonably practicable for her to present the claim in time.

The tribunal found that the claimant knew she might bring an unfair dismissal claim while her internal appeal was ongoing, and that she had access to advice through her trade union representative and the CAB. It held that her mistaken belief that she had to wait for the appeal process to finish was not objectively reasonable, that the pending appeal did not by itself stop the limitation period, and that any failure by her union representative to warn her of the time limit was attributed to her under Dedman. The claimant's mental health difficulties and the pandemic restrictions were considered, but the tribunal found they did not prevent her from making enquiries or lodging in time.

The tribunal therefore concluded that it was reasonably practicable for the claimant to have presented the claim by 29 April 2020. Because that finding disposed of the limitation issue, it did not need to decide whether the later presentation in April 2021 was within a reasonable further period. The complaint of unfair dismissal was dismissed for want of jurisdiction.