Mr R Rawski v A and H Structures Limited — 2019

The claimant, Mr R Rawski, was employed by A and H Structures Limited as a welder from 23 May 2011. This hearing, before Employment Judge P Britton sitting alone in Nottingham on 15 May 2019, was to determine whether the claim had been presented out of time. The judge considered the ACAS early conciliation material under s.207B Employment Rights Act 1996 and found that the first ACAS early conciliation certificate, started on 9 July 2018 and ending on 16 July 2018, extended time so that the ET1 presented on 30 July 2018 was in time. The later second certificate was treated as irrelevant to that conclusion.

The judge identified the live substantive issues for the full hearing as whether the claimant resigned on Friday 13 April 2018 or was dismissed when he came in on Monday 16 April with an interpreter and a resignation letter giving two weeks' notice. The claimant's case was that he intended to work out his notice period and had arranged a delayed start with a new employer for that reason. The respondent's case was that he had already resigned and was not intending to work, relying on evidence said to show dissatisfaction and conduct on the Friday evening before he left.

The judgment recorded that there was no discrimination claim before the tribunal. It also noted possible issues of notice pay, holiday pay, and contributory conduct if dismissal were found, including the prospect of a reduction under s.122(2) ERA 1996. No merits finding or monetary award was made in this judgment; the practical outcome was that the claim was allowed to proceed and the listed hearing length was reduced from three days to two.