Mr E Baratang v Harvard Technology Limited (In Administration) AT A HEARING — 2020

The tribunal dismissed Mr Baratang's claim for a protective award. It found that the claim was presented on 27 September 2019, outside the three-month period running from 10 December 2018 to 9 March 2019. It held that it was reasonably practicable for the claim to have been submitted in time and, in any event, that it was not presented within a reasonable time after 9 March 2019.

The reasons recorded that the claim had originally been submitted on 5 February 2019, which would have been in time, but the claim form wrongly stated that ACAS did not have power to conciliate and the claimant had not properly applied for an ACAS Early Conciliation certificate. The claim was rejected and notification was sent on 13 March 2019. The claimant began early conciliation that day and a certificate was issued on 28 March 2019, but the certificate number was not provided to the tribunal until 27 September 2019. The tribunal did not accept that it had not been reasonably practicable to forward the certificate until six months later, and found that the claimant did not act reasonably promptly.