Claimant v Plant Blonde Ltd
Outcome
Individual claims
Claimant confirmed at the hearing that she had been paid what was due to her in respect of holiday pay. Having been advised of the consequences, she elected to withdraw the claim which was dismissed under rule 52.
Claim dismissed as tribunal had no jurisdiction to hear it. Claim was presented outside the three-month time limit (EDT 1 August 2023, claim filed 11 January 2024). Tribunal found it was reasonably practicable to have submitted in time as claimant knew from early September 2023 about time limits and the early conciliation process. Postponement of CAB meeting on 19 October 2023 did not impede submission as claimant still had time and knowledge to proceed. Completion of ET1 form was not complex and claimant completed it competently.
Facts
The claimant's employment ended on 1 August 2023. She sought advice from Citizens Advice Bureau in early September 2023 and was informed about the three-month time limit and early conciliation requirements. She sent an email to the respondent on 9 September 2023 claiming notice pay of £1,680. The respondent did not respond. A further CAB meeting scheduled for 19 October 2023 was postponed due to technical problems. The claimant did not contact ACAS for early conciliation until 9 November 2023 (after the time limit expired on 31 October 2023). She received an EC certificate on 19 December 2023 and submitted her claim on 11 January 2024.
Decision
The tribunal dismissed the holiday pay claim on withdrawal as the claimant confirmed she had been paid. The wrongful dismissal claim was dismissed for lack of jurisdiction as it was presented outside the three-month time limit. The tribunal found it was reasonably practicable to have submitted in time because the claimant knew from early September about time limits and the process, and the postponement of the 19 October CAB meeting did not prevent her from submitting the claim before the deadline.
Practical note
Knowledge of time limits and procedure from an early stage in the limitation period means it remains reasonably practicable to submit a claim even if a planned advice meeting is postponed, particularly where completing the claim form is not complex.
Legal authorities cited
Statutes
Case details
- Case number
- 4107437/2023
- Decision date
- 8 August 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Plant Blonde Ltd
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No