In person (assisted by Ms. Griciciute) v Diana Herskovits — 2019

At a preliminary hearing on 29 November 2019 before Employment Judge Mason, with the claimant appearing in person and no attendance for the respondent, the tribunal held that it did not have jurisdiction to consider the claim. It found that the claimant's employment ended on 3 August 2016, an Acas Early Conciliation Certificate was issued on 9 February 2017, and the claim was not presented until 8 May 2019, so it was presented out of time.

The tribunal also decided that it was not just and equitable to extend time. It found that the claimant had not shown that she was prevented from presenting the claim in time by illness or otherwise, and it said the claimant could not rely on any delay or negligence by Citizens Advice because that was attributable to her. In addition, the tribunal found that the Acas early conciliation requirements had not been complied with because the certificate named Esther Herskovits, the claim form named Diana Herskovits, who was deceased, and the claimant's employer was in fact Clear Lake Hotel Limited.

The claim was therefore struck out, after prior notice of possible strike out had been given on 25 September 2019. The written record notes that oral reasons were given at the hearing and that written reasons would not be provided unless requested within 14 days.