Case 2414400/2019 · Employment Tribunal
Mr J Knowles v Securitas Security Services Ltd PRELIMINARY HEARING — 2020
- Case reference
- 2414400/2019
- Decision date
- 6 November 2020
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Mr J Knowles
Key findings
Tribunal's reasoningMr J Knowles brought claims for unfair dismissal and unlawful deductions from or non-payment of wages arising from the end of his employment with Securitas Security Services Ltd on 29 March 2019. The matter came before Judge Brian Doyle at a preliminary hearing on 26 October 2020. The tribunal recorded that the dismissal was confirmed by letter dated 1 April 2019, that the claimant had been told of a right of appeal, and that he had advice from a GMB representative and from Acas before eventually notifying Acas early conciliation on 16 October 2019 and presenting his ET1 on 6 November 2019.
The tribunal held that the unfair dismissal complaint should have been presented by 28 June 2019. It found that it was reasonably practicable for the claimant to comply with the Acas early conciliation requirements and to present a timely claim, noting that he had some advice and assistance within the primary limitation period and was aware of the three-month time limit. Although he acted with reasonable speed after obtaining the Acas certificate, the tribunal found that the delay before 16 October 2019 was not a reasonable delay.
The judgment also referred to earlier complaints about bullying and a suspension arising from the lapse of a security clearance. The tribunal said those matters were most probably concerned with a period no later than October 2018 and were considerably out of time, with no explanation offered for the delay. The tribunal concluded that the claim could not proceed further and dismissed it, with no extension of time granted and no remedy awarded.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed at preliminary hearing as out of time; effective date of termination was 29 March 2019, the claim should have been presented by 28 June 2019, and the tribunal found it was reasonably practicable to comply with the time limit and that any delay was not reasonable. | Dismissed | — | — |
| Unlawful deduction from wages | Included in the claim, but the judgment does not separately analyse this head; the tribunal dismissed the claim in full as not presented in time. | Dismissed | — | — |
Legal tests applied
5 references- s.23 Employment Rights Act 1996
- s.111 Employment Rights Act 1996
- s.207B Employment Rights Act 1996
- reasonably practicable
- reasonable time thereafter
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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