Mr N Cowley v Klass Steel Ltd — 2020

The claimant presented the ET1 on 30 July 2019, after his employment ended on 17 March 2019. The judge recorded that the form appeared to concern unpaid wages, failure to provide wage slips, and non-provision of a P60 or P45. The judgment states that the P60/P45 point was not within the tribunal's jurisdiction.

On limitation, the judge noted that the three-month time limit expired on 16 June 2019 and that the ACAS conciliation certificate ran from 17 June to 21 June 2019, so it could not extend time because conciliation had not started within the limitation period. The judgment said the claims would have had to be dismissed for lack of jurisdiction unless the claimant could show it was not reasonably practicable to present the ET1 sooner, but that issue was not ultimately determined because the claimant withdrew.

The judge recorded that the unpaid wages point was not in fact pursued, because the claimant accepted he had been paid his entitlement in the administration scenario. The remaining jurisdictional issue was the alleged failure to provide itemised pay slips for the short period of employment after the administration; that was resolved during the hearing when Mr Lumpson provided the slips.

The final order was that the claim was dismissed upon withdrawal. The reasons state that the claimant withdrew all of his claims and consented to their formal dismissal.