Cases→8000857/2024

Claimant v Allma Construction (In Administration)

18 December 2024Before Employment Judge P O'DonnellScotlandremote video

Outcome

Claimant fails

Individual claims

Breach of Contractdismissed on withdrawal

Claimant initially claimed notice pay on ET1 but this sum had already been paid by the Insolvency Service in December 2023. This claim was effectively withdrawn and not pursued.

Failure to Inform & Consultstruck out

Claimant sought to amend to add a protective award claim after reading newspaper article. Tribunal dismissed entire claim for lack of jurisdiction due to time bar. Claim lodged 7 months out of time and tribunal found claimant's ignorance of rights was not reasonable as he took no steps to seek legal advice or research his rights.

Facts

Claimant was dismissed on 14 August 2023 when respondent ceased trading while he was hospitalised with heart failure. He completed ACAS Early Conciliation in September 2023 and claimed notice pay and other wages from the Insolvency Service, which were paid in December 2023. He did not file an ET1 until 17 June 2024 after reading a newspaper article about protective awards being made to other former employees. The original ET1 only claimed notice pay (already paid) with no mention of protective award.

Decision

Tribunal dismissed the claim for lack of jurisdiction as it was filed over 7 months out of time. The tribunal found it was reasonably practicable for the claimant to have filed in time, as his ignorance of his rights was not reasonable given he took no steps to seek legal advice or research his rights online despite being able to engage with ACAS and the Insolvency Service. The tribunal also refused the application to amend to add the protective award claim on the same time bar grounds.

Practical note

Even where a claimant is unwell and unrepresented, ignorance of time limits will not excuse late filing if the claimant made no reasonable attempts to seek advice or research their rights, particularly where online information is readily available.

Legal authorities cited

Northumberland County Council v Thompson UKEAT/209/07Transport and General Workers Union v Safeway Stores Ltd UKEAT/0092/07Selkent Bus Co Ltd v Moore [1996] ICR 836Porter v Bandridge Ltd [1978] IRLR 271London International College v Sen [1992] IRLR 292Palmer and Saunders v Southend-on-Sea Borough Council [1984] IRLR 119Wall's Meat Co Ltd v Khan [1978] IRLR 49Avon County Council v Haywood-Hicks [1978] IRLR 118Westward Circuits Ltd v Read [1973] ICR 301

Statutes

ERA 1996 s.207BERA 1996 s.111(2)(b)ERA 1996 s.111(2)(a)

Case details

Case number
8000857/2024
Decision date
18 December 2024
Hearing type
preliminary
Hearing days
1
Classification
procedural

Respondent

Name
Allma Construction (In Administration)
Sector
construction
Represented
No

Claimant representation

Represented
No
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