Ms S Amarshi v Red Hair and Beauty Limited — 2022

Ms S Amarshi presented her claim on 3 December 2020 after contacting ACAS on 27 November 2020. She complained of unfair dismissal, arrears of pay and redundancy pay. The Tribunal found that the unfair dismissal claim and the unlawful deductions claim were both brought outside their primary limitation periods. It recorded that the unfair dismissal limitation period expired on 27 October 2020 and the unlawful deductions limitation period expired on 29 October 2020, so the ACAS early conciliation period did not preserve either claim.

The Claimant’s evidence was that she received her P45 only after a delay, had not been given a reason for dismissal, was dealing with immediate financial priorities after losing work, was caring for her mother, and hoped the matter could be resolved amicably. The Tribunal accepted that explanation as understandable, but said it did not satisfy the statutory "not reasonably practicable" test for an extension of time. It noted that the Claimant had internet access and found out about bringing a claim by searching online, and concluded that the delay was not excused.

On that basis, the Tribunal dismissed the unfair dismissal claim and the unlawful deductions claim for want of jurisdiction. It separately recorded that the redundancy payment complaint was presented in time under section 164(1)(c) ERA 1996 and would be determined at a final hearing.