in person For v Eden Global Infrastructure Ltd — 2020

At a public preliminary hearing by telephone on 13 July 2020, Employment Judge Garnon sat alone. Mr Scott Wilson appeared in person and the respondent did not attend. The claim form had been presented on 24 October 2019 and included claims for notice pay, holiday pay, arrears of pay and unfair dismissal.

The unfair dismissal claim was dismissed on withdrawal by the claimant. The tribunal recorded that he had said he was not claiming unfair dismissal in response to the earlier rule 27 notice, and the judgment therefore treated that claim as withdrawn. No merits finding was made on the remaining claims at this hearing.

The tribunal then considered time limits for the notice pay, holiday pay and arrears of pay claims. Applying the not reasonably practicable test and the extension of time provisions for Early Conciliation under s.207B ERA 1996, and referring to Porter v Bandridge, Palmer v Southend on Sea Borough Council, Wall's Meat Company v Khan, Riley v Tesco Stores and Dedman v British Building and Engineering Appliances Ltd, the tribunal accepted the claimant's evidence about an earlier online ET1, the absence of any response, the later resubmission, and the ACAS EC number problem.

The tribunal found that the claimant was not at fault, that he was reasonably ignorant of the correct process, and that the delay was explained by the initial electronic filing problem and later pandemic-related delay. It therefore held that the remaining claims were presented with such further time as was reasonable and would be considered.