Outcome
Individual claims
Claim dismissed for being presented out of time. Claimant contacted ACAS on 30 August 2022, after the three-month limitation period expired on 28 August 2022. Tribunal found it was reasonably practicable for claimant to have presented claim in time, as he knew of time limits and nothing prevented him presenting earlier.
Claim dismissed for being presented out of time. Primary time limit expired on 28 August 2022. Claimant did not approach ACAS until 30 August 2022, so did not benefit from early conciliation extension. Tribunal found it was reasonably practicable for claimant to present claim in time as he was aware of time limits.
Claim dismissed for being presented out of time. Tribunal declined to extend time on just and equitable grounds, finding claimant knew of time limits and nothing prevented earlier presentation. Tribunal noted claim was not particularised, claimant failed to comply with case management orders, and respondent would suffer prejudice defending an unparticularised claim.
Respondent conceded this claim relating to underpayment of salary was presented in time. Tribunal directed parties to notify within 14 days whether claim resolved or hearing required.
Facts
The claimant worked for IBM as a Software Sales Specialist from February 2020 to May 2022. He resigned during a telephone conversation with his interim line manager on 28 April 2022, having received three better job offers. A dispute arose over whether he resigned verbally on 28 April (making his termination date 28 May after one month's notice) or in writing on 3 May (making it 3 June). The claimant contacted ACAS for early conciliation on 30 August 2022, two days after the primary limitation period expired, and presented his claim on 9 November 2022.
Decision
The tribunal found the claimant verbally resigned on 28 April 2022, making his effective date of termination 28 May 2022. His claims for breach of contract, holiday pay, and disability discrimination were therefore presented out of time. The tribunal held it was reasonably practicable for the claimant to have presented his claims in time, as he was aware of time limits and nothing prevented him doing so. The tribunal also declined to extend time on just and equitable grounds for the discrimination claim, which was unparticularised and not actively pursued.
Practical note
Claimants must contact ACAS during the primary limitation period to benefit from early conciliation extensions; starting two days late is fatal. Tribunals will strictly enforce time limits where claimants were aware of them and had no impediment to timely presentation.
Legal authorities cited
Statutes
Case details
- Case number
- 3313406/2022
- Decision date
- 9 January 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- IBM UK Ltd
- Sector
- technology
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Software Sales Specialist
- Service
- 2 years
Claimant representation
- Represented
- Yes
- Rep type
- solicitor