In person For the v PTM International Limited — 2022

The claimant brought a claim for accrued holiday entitlement said to be unpaid at the termination of his employment. He said his resignation took effect on 17 October 2020; the respondent said it was 16 October 2020. On either date, the ordinary three-month time limit for presenting the claim would have expired on 16 January 2021.

The ACAS early conciliation certificate showed a notification date of 17 January 2021 and a certificate date of 28 February 2021. The tribunal held that because the primary limitation period had already expired before 17 January 2021, the early conciliation period did not extend time. It also said that even if time had been extended, the claim should have been presented by 28 March 2021, but it was not presented until 28 June 2021, more than six months late.

The claimant said the delay happened because the respondent had strung him along with excuses and he did not know the three-month time limit. The tribunal found that his ignorance of time limits was unreasonable because he could have researched the issue online, particularly if he believed he was being strung along. It also found that, even after he went to ACAS and became aware he needed to issue proceedings, four months elapsed before the claim was presented, which was not a reasonable time.

The tribunal therefore concluded that it was reasonably practicable for the claim to have been presented in time and that, in any event, it was not presented within a reasonable time thereafter. The claim was therefore struck out for lack of jurisdiction.