Mr D Collins v Hanley — 2023

The claimant’s employment ended on 30 April 2022. He began ACAS early conciliation on 24 November 2022, received the certificate on 9 December 2022, and presented his claim on 11 January 2023. The tribunal treated the limitation date for the holiday pay issue as 31 May 2022 and the limitation date for the notice pay and redundancy pay issues as 30 April 2022, so the latest ordinary time limit had expired by 30 August 2022.

The judge held that it was reasonably practicable for the claimant to present the arrears of pay, notice pay and holiday pay claims in time. The claimant knew by June 2022 that salary for March and April, notice pay, holiday pay and redundancy pay had not been paid. The tribunal found that his belief that the matter would be resolved did not prevent him from investigating tribunal time limits, and early conciliation did not extend time because it started after the limitation period had already expired. The tribunal also said that, even on the alternative basis that it had not been reasonably practicable to present the claims earlier, they were not brought within a reasonable period after conciliation ended.

The redundancy payment claim was dealt with separately. The judge was satisfied under section 164 of the Employment Rights Act 1996 that the claimant had made written requests in time and had received confirmation of entitlement within the six-month period after termination. The judgment adds that, if necessary, time would in any event have been extended because it would have been just and equitable to do so. The tribunal therefore awarded the claimant a redundancy payment of £11,991 and recorded no other monetary award.