Claimant v Angel Support Living (UK) Limited
Outcome
Individual claims
The tribunal found the claim was out of time. The claimant's December 2023 payslip was her final payslip, meaning the time limit ran from 21 December 2023 when she was paid. The claim should have been filed by 20 March 2024, but ACAS was not contacted until 11 April 2024. The tribunal found it was reasonably practicable for the claim to have been brought in time, and therefore the claim was dismissed.
Claim dismissed on the same time limit grounds as the unlawful deduction from wages claim. The tribunal found the claim was out of time and it was reasonably practicable for it to have been brought within the time limit.
Notice pay claim dismissed on the same time limit grounds. The tribunal found the respondent either accepted the claimant's oral resignation or gave her one month's notice on 13 November 2023, ending employment on 8 December 2023. The claim was out of time and it was reasonably practicable to have brought it in time.
Facts
The claimant worked as a support worker from September 2022 to December 2023. In November 2023, she told her manager she could not work night shifts due to family obligations. The manager informed her this was a contractual breach and asked if she wished to resign. The tribunal found the claimant did resign orally on 10 November 2023, which was accepted by the respondent by email on 13 November 2023, setting a leaving date of 8 December 2023. The claimant received her final pay and P45 in December 2023 but did not contact ACAS until 11 April 2024.
Decision
The tribunal dismissed all claims as out of time. The claimant's final wages were paid on 21 December 2023, meaning she should have contacted ACAS by 20 March 2024. She did not do so until 11 April 2024. The tribunal found it was reasonably practicable for the claim to have been brought in time, as the claimant was clearly informed her employment had ended in November 2023 and received her P45 in December 2023.
Practical note
An oral resignation accepted by an employer is valid even if the contract requires written notice, and claimants must act promptly when they receive clear notice their employment has ended to preserve their right to bring tribunal claims.
Legal authorities cited
Statutes
Case details
- Case number
- 3201303/2024
- Decision date
- 10 January 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Support Worker
- Service
- 1 years
Claimant representation
- Represented
- No