Claimant v Nacor Healthcare Services Ltd
Outcome
Individual claims
Claim under s.152(1)(a) TULRCA (dismissal for trade union membership) struck out as presented outside the 3-month time limit. Tribunal found it was reasonably practicable to present the claim in time. Claimant had reasonable opportunity to find out about dismissal by late November/early December 2023 but waited until June 2024 to enquire. Trade union support was available throughout.
Claim under s.94 ERA struck out as presented outside the 3-month time limit from effective date of termination. Tribunal determined EDT was late November/early December 2023 (when claimant had reasonable opportunity to find out about dismissal), not June 2024 as claimant argued. Tribunal found it was reasonably practicable to present the claim in time.
Wrongful dismissal claim struck out as presented outside the 3-month time limit from effective date of termination. Time limit contingent on date of dismissal, which tribunal found to be late November/early December 2023 at the latest.
Claims for unpaid wages, statutory sick pay, and failure to pay for shadow shifts struck out as presented outside the 3-month time limit. Claimant was paid monthly; even if one month in arrears, the last deduction would have been within one month of dismissal in late 2023. Claim presented in August 2024 was well outside the limitation period.
Claim for accrued but untaken holiday pay on termination struck out as presented outside the 3-month time limit. Time runs from date of dismissal (late November/early December 2023), making the August 2024 claim well out of time.
Claims for breach of contract (failure to provide work, failure to pay wages and sick pay) struck out as presented outside the 3-month time limit from effective date of termination, which tribunal found to be late November/early December 2023.
Detriment claims under s.146 TULRCA and s.12(1) Employment Relations Act 1999 allowed to proceed. Tribunal found alleged detriments formed a series of acts, with at least one (harassing telephone call/text post-July 2024) falling within the limitation period. Tribunal determined it should not make final determination on time bar until all evidence heard at full merits hearing. Case listed for 4-day final hearing.
Facts
Claimant, a Nigerian migrant working as a home care worker on a Certificate of Sponsorship visa, was summarily dismissed when her COS was revoked on 29 October 2023, though she was not informed of this. The dismissal followed a failed meeting on 19 October 2023 where she was accompanied by a union representative. She discovered her COS had been revoked when contacted by the Home Office on 6 November 2023. She applied for NHS employment but the offer was withdrawn following an unfavourable reference from the respondent. She only formally enquired about her employment status with the respondent in June 2024 via her trade union, and presented her tribunal claim on 19 August 2024.
Decision
The tribunal struck out most claims (unfair dismissal, breach of contract, unlawful deduction of wages, holiday pay) as presented outside the 3-month time limit. The tribunal determined the effective date of termination was late November/early December 2023 when the claimant had a reasonable opportunity to find out about her dismissal, not June 2024 as she argued. It was reasonably practicable for her to present claims in time as she had trade union support throughout but made no enquiry until June 2024. The detriment claims were allowed to proceed to a full hearing as they formed a series of acts with at least one falling within the limitation period.
Practical note
Even where an employee is not formally notified of dismissal, time limits run from when they have a reasonable opportunity to find out about it, and failure to make reasonable enquiry despite having trade union support will prevent a finding that it was not reasonably practicable to present a claim in time.
Legal authorities cited
Statutes
Case details
- Case number
- 4106564/2024
- Decision date
- 5 June 2025
- Hearing type
- preliminary
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- home care worker
- Service
- 4 months
Claimant representation
- Represented
- Yes
- Rep type
- solicitor