Mr G Lloyd v Swift Creative Print Limited (in Creditors Voluntary Liquidation) — 2021

Mr G Lloyd gave evidence and was found credible. Swift Creative Print Ltd ceased trading on 2 October 2020, when all staff lost their jobs. Mr Lloyd had been employed by the company as Sales Director and had been furloughed in March 2020. He was not a shareholder. The tribunal recorded that his wife was extremely unwell and required monthly hospital treatment, and that he himself was disabled. After losing his employment, he became depressed, lost confidence, and had difficulty concentrating. He initially believed he had a redundancy claim rather than a protective award claim.

The tribunal accepted that Mr Lloyd only learned on 1 March 2021, from an ex-colleague, that the correct claim was for a protective award and that the time limit was three months from 2 October 2020. He sought early conciliation within 24 hours, on 2 March 2021, received the certificate on 3 March 2021, and the claim was presented on 8 March 2021. The tribunal applied the test of whether it was reasonably practicable to bring the claim in time, referring to s.189(5) TULCRA 1992, the analogous provision in s.111 Employment Rights Act 1996, and the authorities in Dedman v British Building and Engineering Appliances Ltd and Wall's Meat Co Ltd v Khan.

On that evidence, the tribunal held that it was not reasonably practicable for the claimant to bring the claim within three months, taking account of his personal circumstances and the fact that he acted promptly once he understood the correct position. It found that it became reasonably practicable on or after 8 March 2021, so the claim presented on that date was in time. The tribunal therefore held that it had jurisdiction to hear the protective award claim and ordered that case number 2402293/2021 be joined to the multiples case against the respondent. No substantive remedy was awarded in this judgment.