Claimant v Choice Support
Outcome
Individual claims
Claim presented out of time (over 2 months late). Tribunal found it was reasonably practicable for the claimant to have presented the claim within the time limit, as she was able to undertake reasonably involved tasks during the limitation period including engaging with CAB, ACAS, training courses, and ultimately filing the claim. Her depression did not render it not reasonably practicable to present in time.
Facts
The claimant was a Care Assistant who resigned on 6 November 2024 citing bullying. She engaged with Citizens Advice Bureau and ACAS early conciliation (16 January to 27 February 2025) but presented her constructive unfair dismissal claim on 30 May 2025, over two months out of time. She attributed the delay to depression requiring NHS talking therapy from August 2024 to August 2025, losing track of time, and hoping for settlement.
Decision
The tribunal found the claim was presented out of time and it was reasonably practicable for it to have been presented within time. Despite the claimant's depression, she was able to function sufficiently during the limitation period to write her resignation, seek advice from CAB, engage with ACAS, attend training courses, and ultimately file her claim. The tribunal dismissed the claim for lack of jurisdiction.
Practical note
Mental health issues alone will not excuse late presentation of a claim if the claimant was able to undertake reasonably involved tasks during the limitation period, particularly where the claimant was aware of time limits through ACAS early conciliation.
Legal authorities cited
Statutes
Case details
- Case number
- 2305172/2025
- Decision date
- 17 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Choice Support
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Care Assistant
- Service
- 2 years
Claimant representation
- Represented
- No