Case 2301308/2022 · Employment Tribunal
Ms Sabina Yevugah and Others v Osbon Ltd — 2022
- Case reference
- 2301308/2022
- Decision date
- 3 April 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rahman
- Venue
- London South
Parties
2 namedClaimant
Ms Sabina Yevugah and Others
Respondent
Key findings
Tribunal's reasoningMs Sabina Yevugah was employed as a pharmacist from 1 August 2019 until 24 September 2021. The claim form was presented on 18 April 2022, with early conciliation running from 3 April 2022 to 8 April 2022. The respondent disputed unfair dismissal and said any holiday pay owing had been paid.
At the preliminary hearing, the tribunal noted that the unfair dismissal claim was potentially outside the time limit in section 111 of the Employment Rights Act 1996. The claimant said she resigned on 24 September 2021, that there had been an ongoing issue about holiday pay, and that she did not know there was a time limit for bringing an unfair dismissal claim. The tribunal found that the claim was out of time, that there was no adequate reason to extend time, and that ignorance of the time limit was not sufficient. It also found that the ongoing holiday pay discussions did not prevent her from presenting the unfair dismissal claim earlier.
The tribunal held that it was reasonably practicable for the unfair dismissal claim to have been presented in time, and that the delay meant the claim was time-barred. It therefore dismissed the unfair dismissal claim for lack of jurisdiction. The holiday pay claim was dismissed by agreement after Ms Yevugah confirmed that all holiday pay owed to her and Ms Baffoe had been paid.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed for lack of jurisdiction because the claim was presented out of time under section 111 ERA 1996; the tribunal found it was reasonably practicable to present the claim within the time limit. | Dismissed | — | — |
| Holiday pay | Dismissed by agreement after the claimant confirmed that all holiday pay owing to her and Ms Mamme Konadu Baffoe had been paid. | Dismissed | — | — |
Legal tests applied
3 references- section 111 of the Employment Rights Act 1996
- reasonably practicable
- reasonable period
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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