Ms H Blake v Capital City College Group — 2025

Ms H Blake brought unfair dismissal and discrimination complaints arising from the respondent's attendance management process. The tribunal noted that her employment ended on 5 March 2024 following a stage 3 sickness outcome, after she had been off sick since 26 June 2023. The claimant said the dismissal was procedurally unfair and did not contend that the dismissal itself was discriminatory. It held that the unfair dismissal claim was presented out of time: ACAS early conciliation did not begin until 15 July 2024, after the three-month limit had already expired, and there was no extension under s.207B ERA 1996.

For the discrimination complaints, the tribunal took the case at its highest as alleging disability discrimination and possible sex and race discrimination during the period September 2021 to 26 June 2023. It held that the primary three-month time limit expired on 25 September 2023 and that the claim presented on 19 August 2024 was about 11 months late. Because early conciliation had not started within the primary time limit, there was no time extension under the ACAS provisions.

The tribunal considered the claimant's evidence that she had been unwell, had considered a grievance earlier, and had union support, but found no sufficient explanation for the delay. It noted that she had been able to prepare a 10-page grievance and a further information document, contact ACAS, and participate in the proceedings. Balancing prejudice, it held that it was not just and equitable to extend time for the discrimination complaints. All complaints were therefore struck out and no remedy was awarded.