Mrs Iveta Opalkova v Signature Senior Lifestyle Operations Limited — 2024

At a preliminary issue hearing on 10 January 2024, Employment Judge Fowell considered whether the claimant’s automatically unfair dismissal, whistleblowing detriment and section 11 National Minimum Wage Act 1998 records claims were out of time. The respondent’s case was that the claimant was dismissed on 18 February 2022 at a probationary review meeting, whereas the claimant had worked from the date shown on her P45, 25 February 2022, when calculating limitation.

The tribunal found that employment ended on 18 February 2022, but accepted that the claimant’s reliance on the later P45 date was reasonable. Applying s.111 Employment Rights Act 1996 and the authorities in Dedman v British Building and Engineering Appliances Ltd and Porter v Bandridge Ltd, the tribunal held that it was not reasonably practicable for her to present the dismissal-related claims within the normal time limit and that they were presented within a further reasonable period.

The tribunal also accepted that the claim based on the lack of a payslip was in time, on the basis stated in the judgment text that the date for payment was 31 February 2022. No merits were determined at this hearing. The claims were allowed to proceed to a further hearing listed for 19 November 2024.