In Person For the 1st v Respondent — 2021

The tribunal found that the claimant worked for M Hati Ltd, not Mrs Patel or Mr Kalia personally, as a part-time Projectionist for 7 hours a week and was paid £70 in cash each week. It accepted that Mr Kalia acted as Manager and that the claimant was taken on with Mr Patel senior's approval. The tribunal rejected the claimant's account that he worked 84 hours a week because there was no corroborative evidence, and it found that he also used the cinema premises outside his normal work hours to socialise.

On limitation, the tribunal found that the claimant's last day of work was 16 March 2020. Even if the redundancy letter was received on 20 March 2020, the primary three-month limitation period expired on 19 June 2020. The claimant's first ET1 was sent on 15 June 2020 but rejected because there was no ACAS early conciliation number, and ACAS early conciliation for these respondents was not started until 20 July 2020. The tribunal held that it was reasonably practicable for the claims to have been presented in time and refused to extend time.

Accordingly, the claims for notice pay, accrued unpaid holiday, unauthorised deductions from wages and other unspecified payments were struck out for want of jurisdiction. The tribunal also held that Mrs Patel was not the correct respondent and dismissed her from the proceedings, and it similarly dismissed Mr Kalia after finding that he did not employ the claimant. It concluded that the employment contract was with M Hati Ltd, which had made the claimant redundant and paid his final salary.