In person For the v Ms Alexandra Scarfe, Solicitor — 2021

At an open preliminary hearing on 4 March 2021, Employment Judge Dobbie considered the respondent's application to strike out the claimant's claim on the basis that it was out of time. The claimant said her employment ended on 14 or 15 February 2020 after she resigned on 15 January 2020, and that she had started Acas Early Conciliation on 9 February 2020 with the certificate issued on 10 February 2020.

The claimant gave evidence that she had sought advice from Unison before resigning, that she had been told the union would handle the claim, and that she had sent a handwritten claim form by registered post on 17 February 2020. She said she continued to chase the union for updates and later learned that a claim form had been received by Leicester Employment Tribunal on 21 February 2020. The judge also noted that the typed claim form presented on 11 June 2020 could not be treated as the only claim form because it was materially different from the handwritten February form, although both raised constructive unfair dismissal.

After making enquiries with Leicester Tribunal, the judge concluded that the handwritten form received on 21 February 2020 was the correct claim form in the proceedings. The judge decided not to strike out the June 2020 form and instead placed the February 2020 form on the file. Because that form had been presented well within time, the respondent's application to strike out was refused. The judgment records no merits determination and no financial award.