Mr R Diaz v Harvard Technology Limited (In Administration) AT A HEARING — 2020

The claimant, Mr R Diaz, did not attend the hearing but submitted written representations. The respondent, Harvard Technology Limited (In Administration), entered no appearance and did not attend. The tribunal considered a claim for a protective award.

The tribunal found that the claim was presented on 26 September 2019, outside the three-month period from 10 December 2018. Although the claim had originally been submitted on 5 February 2019, which would have been in time, it had been rejected because the claimant did not then have an ACAS Early Conciliation certificate. The tribunal found that the certificate was not obtained and provided until 26 September 2019, when the claim was accepted as presented.

Employment Judge Lancaster found that it had been reasonably practicable to submit the claim in time by 9 March 2019 and, in any event, that it had not been presented within a reasonable time after that date. The tribunal did not accept that it was not reasonably practicable for the claimant to approach ACAS until six months later, and found that he had not acted reasonably promptly. The claim for a protective award was dismissed, and no monetary remedy was awarded.