Claimant v The Chief Constable of Avon and Somerset Constabulary
Outcome
Individual claims
The claim was dismissed for being brought outside the statutory time limit prescribed by s.111 Employment Rights Act 1996. The tribunal found it was reasonably practicable for the claimant to have brought the claim in time. The claimant, an IT professional, failed to research his rights despite being capable of seeking new employment during the relevant period. He provided no medical evidence of incapacity and the tribunal rejected his explanation that he 'didn't feel like' seeking advice until March 2025.
Facts
The claimant resigned from his position as a police staff member on 11 September 2024, effective 11 October 2024, during a misconduct investigation. A conduct hearing took place on 14 October 2024 at which he was told he would have been dismissed had he not resigned. He appealed unsuccessfully in December 2024. He did not research his employment rights or seek advice until March 2025, by which time he had obtained new employment at an NHS Trust. He contacted ACAS on 10 March 2025 and filed his constructive dismissal claim on 23 March 2025, approximately two months out of time.
Decision
The tribunal dismissed the claim as having been brought outside the statutory time limit under s.111 ERA 1996. The tribunal found it was reasonably practicable for the claim to have been brought in time, applying the 'reasonable feasibility' test from Palmer. The claimant, an IT professional capable of job-hunting during the relevant period, failed to provide medical evidence of incapacity and did not adequately explain why he failed to research his rights until March 2025.
Practical note
An unrepresented claimant's subjective feelings about not being ready to pursue a claim, without medical evidence of incapacity, will not satisfy the 'reasonably practicable' test, particularly where they remain capable of other complex tasks like job-seeking during the limitation period.
Legal authorities cited
Statutes
Case details
- Case number
- 6010070/2025
- Decision date
- 26 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 11 years
Claimant representation
- Represented
- No