Mr R Smith v Sbfm and 1 other — 2025

The claimant's employment transferred from the second respondent to the first respondent on 1 September 2022. The first respondent had originally denied employing the claimant but conceded during the proceedings that there had been a transfer. The tribunal treated 8 December 2023 as the effective date of termination because that was the date relied on by the claimant and accepted by the first respondent.

For the TUPE failure to inform and consult claim, the ordinary time limit expired on 30 November 2022. The tribunal accepted that it was more likely than not not reasonably practicable for the claimant to present that claim within three months of the transfer, because the right to bring such a claim was technical and there was no evidence he had been advised about it at that stage. However, the tribunal found that by January 2024 he was receiving advice about his rights and potential claims, and that presenting the claim one day after the month following the ACAS certificate was not within a further reasonable period.

For the unfair dismissal, breach of contract, holiday pay and unlawful deduction from wages claims, the tribunal found that the claimant contacted ACAS in time but presented the tribunal claim on 9 April 2024, one day after the extended deadline of 8 April 2024. The tribunal found it was reasonably practicable for him to present those claims in time, noting that he had started the ACAS process, had union advice, and had not provided evidence showing he was prevented from submitting the claim within the extended period.