Miss M Voin v PJ Southport Limited trading as Papa Johns Southport Limited — 2022

The claimant worked for the respondent from 4 March 2020 until she resigned on 3 October 2020. She said the respondent changed her working hours from 40 hours to a zero-hours contract, demoted her, and failed to pay the national minimum wage, which led to a grievance. The tribunal noted that the wage issue was later rectified and that the claimant clarified she was bringing a constructive dismissal claim arising from the grievance.

The tribunal's decision turned only on limitation. It found that the ordinary three-month time limit expired on 2 January 2021 and, after the ACAS early conciliation process, the deadline for presenting the claim was 16 February 2021. The claim was presented on 22 February 2021, six days late. The tribunal considered section 111(2)(a) Employment Rights Act 1996, section 104 Employment Rights Act 1996, and Article 7 of the Employment Tribunals (Extended Jurisdiction) England and Wales Order in relation to the claims before it.

In assessing whether it had been reasonably practicable to present the claim in time, the tribunal took into account the claimant's anxiety, the fact that English was not her first language, and the help she received from her union, Brighter Living, and Sefton Council for Voluntary Service. It also relied on correspondence showing that the claimant and her advisers were aware that time limits were strict. The tribunal accepted that Mr Brennan acted promptly once formally instructed, but concluded that it was reasonably practicable for the claim to have been presented in time, so the tribunal had no jurisdiction to deal with the claims.