Claimant v GH Ltd

Sexual assault allegation in December 2021: Claim presented June 2023, over 2 years out of time. Tribunal found not just and equitable to extend: Claimant knew of time limits by October 2022, was able to report to police and lodge grievance, and delay caused prejudice to respondent (YZ and company) given serious nature of allegation and impact on evidence cogency.

Allegation that respondent invited claimant to meeting re misconduct complaints in November 2022 because she had lodged grievance (protected act) on 24 October 2022. Tribunal found not just and equitable to extend time (same reasons as harassment complaints). On merits: Tribunal found complaints from colleagues were genuine and not solicited by management; respondent was obliged to investigate. No victimisation established.

Tribunal found no fundamental breach of contract. Claimant affirmed contract after December 2021 incident. Subsequent conduct by respondent (working arrangements, training event, Staffordshire project, YZ in building, mediation offer, investigation of complaints about claimant) did not, singly or cumulatively, breach implied term of trust and confidence. Some matters could have been handled better but did not reach threshold of fundamental breach. Claimant therefore not constructively dismissed.

As there was no constructive dismissal (no fundamental breach of contract), the complaint of unfair dismissal could not succeed. The tribunal found that the respondent's conduct, even where it could have been better handled, was not without reasonable cause and was not calculated or likely to destroy trust and confidence.