Mr A Gogolos v Herman-ze-German (in voluntary liquidation) — 2021

The claimant began work for the respondent on 20 November 2017 as manager of its shop. His employment ended without notice on 7 October 2020 when the respondent went into voluntary liquidation. He brought claims for unpaid salary in March, September and part of October 2020, unpaid holiday pay, and notice pay. ACAS received the Early Conciliation notification on 28 May 2021 and the claim was presented on 3 June 2021.

The tribunal held that the claims for unlawful deduction from wages, holiday pay and breach of contract were all out of time and therefore dismissed. It noted the three-month time limits under section 23 ERA 1996 and section 7 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, and considered whether it was reasonably practicable for the claimant to have presented the claims within time. Although the claimant said this was his first redundancy, that he had no guidance and did not know the steps to take, the tribunal found he knew the respondent owed him money and knew a claim was possible, and that there were readily available internet sources about tribunal time limits.

The tribunal therefore concluded it was reasonably practicable for the claims to have been brought in time and dismissed them. The statutory redundancy payment claim under section 163 ERA 1996 was not determined at this hearing and was listed for a further hearing on 3 December 2021. The Secretary of State was treated as a party under Rule 96 because the claim may require a payment out of the National Insurance Fund.