Case 1405842/2020 · Employment Tribunal
- MS D PURDUE FOR THE v - Ms D Maguire — 2021
- Case reference
- 1405842/2020
- Decision date
- 24 August 2021
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
- MS D PURDUE FOR THE
Respondent
Key findings
Tribunal's reasoningThe claimant brought claims for unfair dismissal and unpaid holiday pay arising from employment that ended on 4 June 2020. The tribunal recorded that the primary limitation period expired on 3 September 2020, but the ACAS early conciliation process ran from 20 August 2020 to 11 September 2020, so the extended deadline for presenting the claim was 11 October 2020. The claim form was not submitted until 2 November 2020, so it was out of time on its face.
The tribunal considered whether it should extend time. It applied the statutory question whether it was reasonably practicable to present the claims in time, referring to the authorities it summarised, including Asda Stores Ltd v Kauser and Palmer v Southend-on-Sea Borough Council. It accepted that the claimant and his wife had sought information, pursued early conciliation, obtained advice, and then took time to assess the merits before lodging the claim.
Even so, the tribunal found there was no impediment preventing a timely presentation. By 7 October 2020 the claimant knew that legal expense insurers would not be pursuing a claim on his behalf and knew of the time limit, and there was still time between 7 and 10 October to lodge the claim. The tribunal concluded that the claimant had chosen not to lodge within time while considering the merits, which did not make it not reasonably practicable to present the claims in time.
Accordingly, the tribunal refused to extend time and dismissed both claims on the basis that it had no jurisdiction to hear them.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed as presented out of time; tribunal held there was no basis to extend time and therefore no jurisdiction to hear the claim. | Dismissed | — | — |
| Holiday pay | Unpaid holiday pay claim was also dismissed as presented out of time, with no extension of time granted. | Dismissed | — | — |
Legal tests applied
4 references- s111 Employment Rights Act 1996
- reasonably practicable test
- Asda Stores Ltd v Kauser
- Palmer v Southend-on-Sea Borough Council
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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