Mr S C Kemp v The Quality Koi Company Limited — 2023

Mr S C Kemp was employed by The Quality Koi Company Limited as a salesperson from June 2014 until his dismissal on 23 July 2022. The tribunal identified the claims as unfair dismissal, redundancy and no notice pay, and the only issue it determined was whether the claims had been presented in time and, if not, whether time should be extended under section 111(2) and (2A) of the Employment Rights Act 1996.

The tribunal found that the three-month time limit, together with the early conciliation extension, meant the last date for presenting the complaint was 13 December 2022. It found that the claimant did not present his claim until 19 December 2022, so it was six days late. The claimant said at first that he did not know there were time limits, then said he knew of them when he received the claim form around 5 December 2022, but he could not remember when he sent the form off. He also suggested postal strike disruption, but could not give dates for that.

The tribunal found that the claimant had spent most of his working life as a shop fitting joiner and was equipped to understand that tribunal claims were subject to time limits. It found that he gave no evidence or reasonable explanation for the late presentation of the claim, and that he had been on notice from the tribunal letter dated 12 April 2023 that the hearing would address the limitation issue.

The tribunal decided that it was reasonably practicable for the claim to have been presented before the end of the limitation period and refused to extend time. All claims were therefore dismissed as out of time, without any determination of the merits or any award of remedy.