Mr Richard Laybourn v Stephens & George Limited and 1 other — 2019

This was an open preliminary hearing before Employment Judge Alliott, sitting alone, to decide whether Mr Richard Laybourn’s unfair dismissal and breach of contract claims were in time, and if not whether time should be extended. The claimant had been employed as a van driver from 26 January 2015. He was told on 28 March 2018 that his role was redundant and that he would not have to work his notice period.

The tribunal found that the effective date of termination was 24 April 2018, based on the P45 and the claimant’s own ET1. On that basis, the three-month primary limitation period expired on 23 July 2018 and the ET1 presented on 25 September 2018 was, on its face, a little over two months late. The claimant produced early conciliation material indicating a notification submitted on 20 July 2018, which would have been before expiry of the primary limitation period, but the tribunal was unable to confirm the date of any corresponding Acas certificate because Acas had wiped its systems.

The tribunal accepted that the claimant had contacted the CAB and a solicitor shortly after dismissal and knew about the three-month time limit. It also accepted that he had some uncertainty about which entity was his employer, given the correspondence and paperwork naming Stephens & George and Enfield Printing Company Limited. In all the circumstances, the judge held that it was not reasonably practicable for the claimant to present his claim in time if it was out of time, and that it was reasonable for him to present it on 25 September 2018. The judgment therefore did not finally determine timeliness, but extended time to that date in the alternative.