Mr L Betchley, counsel For the v Respondent — 2023

The tribunal first determined that the claimant’s employment ended on 13 April 2022. It accepted the respondent’s evidence, including the oral evidence of the Ali brothers and Mr Thompson and the CCTV footage, that the claimant was told in the meeting on that date that his employment was terminated with immediate effect. It rejected the claimant’s case that he only learned of dismissal from solicitors’ correspondence on 26 July 2022.

On the limitation issue, the tribunal found that the claimant was last paid on 5 April 2022 and that, by custom and practice, wages were payable on the 5th of each month. On that basis, the wages for the final period of employment were payable on 5 May 2022, after termination but still in connection with the employment. The tribunal followed Robertson v Blackstone Franks Investment Management Ltd and Group 4 Nightspeed Ltd v Gilbert, and distinguished Horwood v Lincolnshire County Council.

The claimant’s ET1 was presented on 4 October 2022. Taking account of early conciliation from 15 July 2022 to 25 August 2022, the tribunal held that the primary limitation period expired on 25 September 2022, so the claims were nine days late. It accepted that the same limitation analysis applied to the holiday pay complaint under the Working Time Regulations.

The tribunal also rejected the submission that it had not been reasonably practicable to present the claims in time. It noted that the claimant had relied on settlement discussions and on his adviser, but held that neither point displaced the statutory time limit. All claims were therefore dismissed for lack of jurisdiction.