Following the introduction of early conciliation, the rules regarding the time limit for lodging applicable claims changed. This usually means the period of time during which early conciliation applies would not count towards the statutory limitation period, with an appropriate extension given. This is not a straightforward area of the law but a critical area given the consequences of lodging a claim outwith the statutory time limit.
In the case O’Brien v Bolton St Catherine’s Academy the Claimant had been absent from work for over a year. It was not clear when she would be fit to return to work. She was dismissed on account of her capability/absence.
In the first instance case of 'Dunkley and others v Kostal UK Ltd', an Employment Tribunal has held that an attempt to bypass a recognised trade union and negotiate with individual employees directly amounted to unlawful inducement in breach of section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”).