Mr R Stagg v F G Smith and Son — 2025

The tribunal held that the claimant’s effective date of termination was 4 December 2023, following the meeting at which the respondent read a script and handed over a letter stating that the contractual relationship was ending with immediate effect. The claimant had presented claims on 21 March 2024 for unfair dismissal, wrongful dismissal (notice pay), unlawful deduction from wages, unpaid holiday pay, and failure to provide written terms of employment. On the tribunal’s findings, the primary limitation period expired before the claim was presented, and the ACAS early conciliation dates did not extend time because conciliation began after expiry of the primary period.

The judgment also recorded a dispute about employment status, with the claimant contending that he had been employed for many years and the respondent maintaining that he was a self-employed independent contractor. The tribunal said there was insufficient evidence at this preliminary hearing to make findings on that issue, and it confined itself to determining the limitation question.

In deciding whether the claimant had been dismissed on 4 December 2023 or given notice to expire later, the tribunal applied an objective approach to the words used and considered all the surrounding circumstances. It cited Graham Group plc v Garratt, Futty v D and D Brekkes Ltd, Chapman v Letheby and Christopher Ltd, and Meaker v Cyxtera Technology UK Ltd. The judge concluded that the script and letter were either unambiguous or, if ambiguous, would have been understood by a reasonable employee as communicating dismissal with immediate effect.

Because the effective date of termination was 4 December 2023 and the reasonable practicability argument was no longer pursued, the tribunal dismissed the unfair dismissal, wrongful dismissal, unlawful deduction from wages, and failure to provide written terms of employment claims as out of time. The unpaid holiday pay claim was not determined at this hearing; the tribunal directed the parties to notify it whether a further hearing was required.