Mr J Messadie v Harvard Technology Limited (In Administration) AT A HEARING — 2019

The tribunal first addressed time. The claim had originally been presented on 4 February 2019, which would have been in time, but it was rejected because the Claimant incorrectly stated on the form that he did not have an ACAS Early Conciliation Certificate when he did have one. The rejection was not communicated to him until 13 March 2019, and the tribunal found it was not reasonably practicable for him to act immediately at that point.

Employment Judge Lancaster found that the Claimant was entitled to assume his claim had been properly submitted unless and until the tribunal told him otherwise, and that there had been a substantial delay in notifying him of the defect. The Claimant responded reasonably promptly to the rejection letter and rectified the defect on 22 March 2019. The tribunal extended time on the basis that it was not reasonably practicable to present the claim in time and that it was presented within a reasonable time after 14 March 2019.

The claim for a protective award succeeded. The Respondent was ordered to pay the Claimant remuneration for a protected period of 90 days beginning on 10 December 2018. The judgment did not state a monetary amount, and recorded that the Employment Protection (Recoupment of Benefit) Regulations 1996 regulations 6, 7 and 8 applied to the award.