Miss N Francis v Stripestar Limited — 2021

Miss N Francis worked for Stripestar Limited from 3 March 2019 until her employment ended no later than 28 September 2020. She presented an ACAS notification and Tribunal claim on 4 March 2021. Her claim form complained of unfair dismissal, breach of contract and unpaid annual leave. She did not attend the final hearing and did not provide a witness statement. The tribunal proceeded in her absence under Rule 47 after being satisfied that she had notice of the hearing and was unlikely to attend.

On the jurisdiction issue, Employment Judge Johnson accepted the respondent's case that the effective date of termination was no later than 28 September 2020. On that basis, the claims should have been presented, or at least notified to ACAS, by 27 December 2020. Because both ACAS notification and presentation of the claim took place on 4 March 2021, the tribunal held that the claims were out of time and that it had no jurisdiction to consider them. The judgment therefore dismissed the claims.

The judge also noted that the unfair dismissal complaint appeared likely to fail in any event because the claimant had not worked continuously for two years before the effective date of termination, referring to section 108 of the Employment Rights Act 1996. That point was not decided because the lack of jurisdiction was sufficient to dispose of the case. The judgment also records a case management correction of the respondent's name to Stripestar Limited and notes that the respondent might apply for costs, including counsel's fee of £1,250 plus VAT, but no costs order was made in the judgment.