Mr J Shepherd v Limited (in Liquidation) — 2025

The claimant asserted claims of unfair dismissal and unlawful deductions. The sole issue at the open preliminary hearing was whether the claims had been presented in time, which required the Tribunal to determine the effective date of termination. The respondent contended that the effective date was 17 January 2025, while the claimant contended that it was 24 January 2025.

The Tribunal found that on 17 January 2025 the claimant was told his employment was being terminated, that he would be paid until 31 January 2025, that he should return the keys to his company car, not contact customers or colleagues, not attend the dealership, and be available to the respondent as required. The Tribunal accepted the claimant's evidence that he was told he was on garden leave, relying in particular on a Citizens Advice Bureau note dated 22 January 2025 which corroborated his account.

The Tribunal found that the claimant's knowledge changed on 23 January 2025, when he was told by the respondent's Group HR Manager that he was being paid in lieu of notice. It held that the effective date of termination was 23 January 2025. After taking account of ACAS early conciliation, the revised time limit expired on 25 May 2025, and the ET1 lodged on 23 May 2025 was in time.