Claimant v Premier Support Services Limited
Outcome
Individual claims
The claimant withdrew the claim for compensation for accrued but untaken annual leave outstanding at the date of termination. The tribunal dismissed the claim upon withdrawal.
The tribunal found the claims were presented out of time when it was reasonably practicable for them to be presented within time. Additionally, the two particularised claims related to pension auto-enrolment under the Pensions Act 2008 and disputed Statutory Sick Pay entitlement, neither of which the employment tribunal has jurisdiction to determine.
The claim was dismissed for lack of jurisdiction as it was presented out of time when it was reasonably practicable for it to be presented in time. The tribunal did not extend time for this claim.
The claims were presented out of time, but the tribunal found it just and equitable to extend time to 26 January 2024 when ACAS early conciliation commenced. The claims will proceed to substantive hearing.
Time was extended on just and equitable grounds to the date ACAS early conciliation commenced. The claims were allowed to proceed beyond the preliminary hearing.
The tribunal extended time on just and equitable grounds to allow this claim to proceed, finding it appropriate to extend time to the ACAS EC date of 26 January 2024.
Facts
Miss Lodge brought claims against Premier Support Services Limited including holiday pay, unauthorised deductions from wages, unfair dismissal, and disability discrimination. ACAS early conciliation commenced on 26 January 2024 and the claim was submitted on 12 February 2024. At a preliminary hearing on 5 December 2024, the tribunal considered whether the various claims were presented in time and whether it had jurisdiction to hear them.
Decision
The tribunal dismissed the holiday pay claim upon withdrawal. The unauthorised deductions and unfair dismissal claims were dismissed as out of time when reasonably practicable to present in time. The wage deduction claims also fell outside tribunal jurisdiction as they concerned pension auto-enrolment and disputed SSP. The disability discrimination claims were out of time but the tribunal extended time on just and equitable grounds to the ACAS EC date, allowing them to proceed.
Practical note
Employment tribunals will apply different time limit tests depending on the claim type, and will not extend time for unfair dismissal or wages claims on reasonably practicable grounds unless there is a compelling reason, but may be more flexible with discrimination claims under the just and equitable test.
Legal authorities cited
Statutes
Case details
- Case number
- 2600325/2024
- Decision date
- 5 December 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No