Case 3314417/2022 · Employment Tribunal
In person For the v Mr K Chehal, Senior Litigation Consultant — 2023
- Case reference
- 3314417/2022
- Decision date
- 23 May 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge M Ord Appearances
Parties
2 namedClaimant
In person For the
Key findings
Tribunal's reasoningEmployment Judge M Ord heard the respondent's strike-out application on 14 April 2023. The tribunal amended the respondent's name to A1 Taxis Ilford Limited. The claimant, Mr Eddie Schlaen, had worked as Office Manager from 26 June 2006 until the tribunal found that his employment ended by mutual consent on 30 September 2021, after a discussion in mid-2021 about a possible return to work on part-time hours.
The claimant's ET1, presented on 30 November 2022, pleaded claims for unfair dismissal, breach of contract in relation to notice pay, unpaid accrued annual leave, and redundancy pay. The tribunal recorded that he began ACAS early conciliation on 3 October 2022 and that the certificate was dated 14 November 2022. It held that all of the claims were significantly out of time.
The tribunal referred to the time limits in s.112(2)(a) Employment Rights Act 1996 for unfair dismissal, Article 7 of the Employment Tribunal Extension of Jurisdiction Order 1994 for breach of contract, Regulation 30 of the Working Time Regulations for unpaid holiday pay, and s.164(1) Employment Rights Act 1996 for redundancy pay. It was not satisfied that it had not been reasonably practicable for the claimant to present the claims in time, or that they had been presented within a reasonable time thereafter. The claims were therefore struck out, and the tribunal noted that the parties had had a long and happy working relationship and that it was sad that the matter had become litigious.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out as out of time; the tribunal found it was reasonably practicable to present the claim in time. | Struck out | — | — |
| Breach of contract | Notice pay claim struck out as out of time under the three-month time limit. | Struck out | — | — |
| Holiday pay | Claim for accrued annual leave / unpaid holiday pay struck out as out of time under the Working Time Regulations time limit. | Struck out | — | — |
| Redundancy | Redundancy payment claim struck out as out of time under the six-month time limit. | Struck out | — | — |
Legal tests applied
5 references- s.112(2)(a) Employment Rights Act 1996
- Article 7 Employment Tribunal Extension of Jurisdiction Order 1994
- Regulation 30 Working Time Regulations
- s.164(1) Employment Rights Act 1996
- not reasonably practicable
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.