Miss M Bristow v Wilmslow Kitchen Interiors Ltd — 2023

Miss M Bristow worked for Wilmslow Kitchen Interiors Limited from 31 March 2021 and was told by text on 9 August 2021 that her probation was unsuccessful and her employment was at an end. The tribunal found that no probation extension had been communicated to her, that the dismissal decision had been made before the planned review meeting that day, and that the respondent had not carried out a meaningful investigation before deciding to dismiss.

The claim form was presented on 4 January 2022 after early conciliation beginning on 20 October 2021 and ending with an ACAS certificate dated 30 November 2021. The tribunal held that all four complaints were out of time and that it was reasonably practicable for them to have been presented by 30 December 2021. For the unfair dismissal complaint, it treated the effective date of termination as 16 August 2021 because the claimant was entitled to one week’s statutory notice under section 86 ERA 1996, but the claim was still late. The notice pay, holiday pay and unlawful deduction claims were also found to be outside the relevant statutory time limits.

The tribunal rejected the claimant’s explanation that she delayed while waiting for outstanding payments and for the respondent’s position to be clarified after Mr Wynne’s bereavement. It found no illness, misrepresentation or other factor that made earlier presentation not reasonably practicable, and noted that the claimant had already engaged ACAS within the original period. It also held that the right relied on for the automatic unfair dismissal complaint, namely the right to be accompanied and to record the meeting, was not one of the rights listed in section 104(4) ERA 1996.

In comments on the merits, the tribunal said the claimant would have had good prospects of success on unfair dismissal had the claim been in time, and would likely have succeeded on notice pay, wages and holiday pay as well. No compensation was awarded because all complaints were dismissed for want of jurisdiction.