Claimant v Sekisambu v St Anne’s Community Services — 2019

The claimant worked for the respondent as a casual support worker from 2 August 2010 and last worked a shift on 7 November 2015. After the Home Office raised concerns about his immigration status, he asked in February 2016 for holiday pay and sick pay and was paid for 5 hours' accrued holiday. He later asked for a P45, and the respondent confirmed to the Home Office in April 2016 that he had last worked in 2015. By letter dated 16 May 2018, the respondent said it was updating its casual worker database and removed him from its list because he had not worked for a significant period; his P45 was issued on 18 May 2018.

The tribunal treated the complaints of unfair dismissal, breach of contract (notice pay) and unpaid holiday pay or unlawful deductions under the Working Time Regulations 1998 as subject to the usual three-month time limits, subject to the statutory extension where it was not reasonably practicable to present in time. It found that, by at least July 2018, when he said he read the May 2018 letter, the claimant knew he had potential claims but decided not to pursue them because he wanted to focus on his immigration position and other litigation. It accepted that homelessness, lack of income and detention made his circumstances difficult, but found that during August to October 2018 he was able to email, do online research and attend the civil court in Leeds daily, so it was reasonably feasible for him to start ACAS early conciliation and submit a tribunal claim within time.

On the alternative argument that the claims were presented within a further reasonable period, the tribunal was not satisfied. It rejected as unreasonable the claimant's belief that he had to print the claim form and attach a large number of documents, noting that the form did not require supporting documents and that claims could be made online. It therefore held that it was reasonably practicable to present the complaints in time and dismissed the unfair dismissal, breach of contract, and holiday pay or unlawful deduction complaints for lack of jurisdiction.