Mr P Hanton v Scottish Enterprise — 2023

This was a preliminary hearing on whether the tribunal had jurisdiction to consider Mr P Hanton's unfair dismissal and sex discrimination claims against Scottish Enterprise. The claimant had resigned on 11 November 2022, his employment ended on 9 December 2022, and he lodged his tribunal claim on 17 March 2023. The tribunal accepted that he had suffered serious bereavements in July 2021, that his mental health had been affected, and that he was receiving medical treatment during the relevant period, but it also found that he had researched the time limits, contacted ACAS, spoken to a conciliation officer at some point, and contacted two sets of solicitors.

On unfair dismissal, the tribunal applied s.111(2)(b) ERA 1996 and the 'not reasonably practicable' test, referring to Palmer and Saunders v Southend on Sea Borough Council. It accepted that the claimant genuinely misunderstood the time limit, but it did not accept that he had a reasonable basis for believing, from ACAS, that he had three months from the date of the certificate or that he had to wait a month before lodging. The tribunal found that his mental health difficulties did not make it not reasonably practicable for him to present the claim in time, because he was still able to research the position, speak to ACAS, seek legal advice and look for work. Time was therefore not extended and the tribunal held that it had no jurisdiction to consider the unfair dismissal claim.

On sex discrimination, the tribunal applied s.123(1)(b) Equality Act 2010 and the 'just and equitable' test, with reference to Robertson v Bexley Community Centre and British Coal Corporation v Kibble. It held that the delay was short and that the claimant's mental health treatment during the limitation period was a factor it could take into account, while there was no suggestion that the cogency of the evidence would be affected or that Scottish Enterprise would suffer material prejudice. Time was therefore extended for complaints of sex discrimination occurring on 9 December 2022, or for conduct extending over a period where the last act was 9 December 2022. The tribunal noted that specification and possible amendment issues remained outstanding for a further preliminary hearing.