Claimant v Cocoa Mountain Ltd
Outcome
Individual claims
Claimant withdrew complaints of unauthorised deductions from wages (holiday pay and arrears of pay) at the start of the final hearing. Claim dismissed on withdrawal under Rule 52.
Claim dismissed as out of time. Effective date of termination was 13 December 2022, claim filed 6 June 2023, 16 days after extended deadline of 21 May 2023. Tribunal not satisfied it was not reasonably practicable to file in time given inadequate medical evidence of incapacity during the relevant period and failure to seek advice on time limits. Even if time extended, tribunal would have found no breach as claimant's annualised hours contract did not guarantee weekly hours, claimant had reduced her availability by agreement, had significant sickness absence during peak season, and resigned mid-financial year before respondent had opportunity to offer remaining hours.
Claimant withdrew unfair dismissal complaint at the start of the final hearing. Claim dismissed on withdrawal under Rule 52.
Claimant withdrew claims for failure to provide itemised pay statements and 'other payments' at the start of the final hearing. Claims dismissed on withdrawal under Rule 52.
Facts
Claimant worked as barista for seasonal chocolate business from April 2021 to December 2022 on annualised hours contract (1300 hours per year). After requesting reduced hours due to family and health reasons in May 2022, claimant's hours were reduced by agreement. Claimant had significant sickness absence during peak July-August 2022 season. Following grievance about manager's behaviour in October 2022, claimant walked out and resigned on 13 December 2022. Claimant underwent hospital procedure on 13 May 2023 (discharged same day) and filed tribunal claim on 6 June 2023, 16 days after extended deadline.
Decision
Tribunal dismissed breach of contract claim as out of time. Despite medical procedure on 13 May 2023, tribunal found insufficient evidence that claimant was unable to file claim by 21 May 2023 deadline, and that claimant and her father failed to inform themselves of time limits through readily available sources. Even if time extended, tribunal would have found no breach of annualised hours contract given claimant's agreed reduced availability, sickness absence during peak season, and mid-year resignation.
Practical note
Parties relying on medical incapacity to extend time limits must provide specific evidence covering the critical period up to and shortly after the deadline, and general ignorance of time limits will not excuse late filing where information was readily available through ACAS, Citizens Advice, or online research.
Legal authorities cited
Statutes
Case details
- Case number
- 4103152/2023
- Decision date
- 3 December 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Barista/Shop Assistant
- Service
- 2 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep