Claimant v Envirosan Limited
Outcome
Individual claims
The tribunal found that any contractual relationship ended by March 2022 when claimant was no longer offered work or paid. Claim was filed 2 years 9 months out of time. It was reasonably practicable for claimant to have filed within 3 months as she knew of the time limits, was articulate and intelligent, and had access to legal advice. She chose not to pursue a claim at the time due to family disputes and concern for her mental health, but this was a choice rather than an impediment. Claim dismissed as time-barred.
Facts
Claimant received £975 monthly from November 2019 to February 2022 (£11,000 per year) via informal arrangement made between her husband and his father who were directors of respondent, ostensibly for consultancy work. No written contract or clear duties. General manager (who became director in March 2022) had no knowledge of claimant working for respondent and discovered payments were made for tax efficiency purposes. Payments ceased March 2022. Claimant set up own business immediately after. Nine months later claimant queried her employment status having been told relationship could not end without P45 or dismissal letter. Claim filed December 2024.
Decision
Tribunal found no genuine contractual relationship existed between claimant and respondent - arrangement was for tax purposes only with no clear mutual obligations. Even if relationship existed, it ended by March 2022 when payments and work ceased. Claim filed 2 years 9 months late. It was reasonably practicable for claimant to file in time as she knew of 3-month time limit, was articulate and intelligent, and had legal advice access. She chose not to pursue claim due to family disputes and mental health concerns. Claim dismissed as time-barred.
Practical note
A tribunal will look objectively at parties' conduct to determine if employment has been terminated even without formal dismissal letter, and where claimant knows of time limits but chooses not to pursue claim for personal reasons, this will not make late filing reasonably practicable.
Legal authorities cited
Statutes
Case details
- Case number
- 8002073/2024
- Decision date
- 8 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Consultancy services
- Salary band
- Under £15,000
- Service
- 2 years
Claimant representation
- Represented
- No