Mr P Cruickshank v Circles Network — 2024

Mr P Cruickshank, an advocacy worker for a charity, brought claims of unfair dismissal, sex discrimination and harassment arising from difficulties with his line manager. The tribunal noted that the ET1 was not particularly clear on the harassment allegation and that the respondent argued the claims were brought well outside the time limits.

On the unfair dismissal complaint, the tribunal applied s.111(2) ERA 1996 and the not reasonably practicable test. It accepted that the claimant had been in contact with UNISON and had personal and health difficulties, but found that he knew the three-month time limit, did not check whether any purported pause had been arranged with ACAS or the tribunal, and then delayed further after he knew the claim was already late.

On the sex discrimination and harassment complaints, the tribunal applied the just and equitable test under s.123 Equality Act 2010 and refused to extend time. It said the allegations were vague and underdeveloped, that the last alleged incident was on or about 27 September 2024, and that the claimant had not persuaded it he intended to litigate those matters before his dismissal. All claims were dismissed and no monetary award was made.