Mr. G. Lala & Ms. K. Koncova v Presman & Colard Limited — 2022

Mr. Lala and Ms. Koncova were both dismissed on 31 August 2021. Mr. Lala claimed wrongful dismissal, holiday pay and arrears of pay. Ms. Koncova claimed unfair dismissal, wrongful dismissal, holiday pay, arrears of pay, statutory redundancy payment and marriage discrimination, but she withdrew the discrimination complaint at the start of the hearing.

The tribunal found that the non-redundancy claims for both claimants were presented 15 days out of time. It held that it was reasonably practicable to present them in time: the claimants knew they might have employment tribunal claims, had instructed Mr. Bradley, an HR consultant, and the later correspondence did not justify the delay. The tribunal applied the Dedman principle and concluded that Mr. Lala's claims and Ms. Koncova's unfair dismissal, wrongful dismissal, holiday pay and arrears of pay claims were dismissed.

The respondent's ET3 responses were late and were rejected, with no extension of time granted. Ms. Koncova's statutory redundancy payment claim was the only claim within time. Applying section 163(2) ERA 1996, the tribunal presumed redundancy because the respondent could not prove the contrary, and it awarded Ms. Koncova £1,088 gross based on her age, service and weekly salary capped at £544.