Case 4101735/2023 · Employment Tribunal
Mr R Haman v Represented by:10 Ms Y Sullivan - Friend Axis Logistics Limited — 2023
- Case reference
- 4101735/2023
- Decision date
- 11 July 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge P Smith
Parties
2 namedClaimant
Mr R Haman
Key findings
Tribunal's reasoningMr R Haman brought a single claim of unfair dismissal against Axis Logistics Ltd. The tribunal recorded that he was dismissed when the dismissal was communicated to him on 25 October 2022. The preliminary issue was whether the claim, presented on 15 February 2023, was in time given the early conciliation process and the existence of two Acas certificates.
The tribunal found that the first early conciliation contact was made on 19 December 2022 on the claimant's behalf and with his full knowledge and consent. Acas emailed the early conciliation certificate on 6 January 2023 to Shannon Elizabeth Sullivan at the email address used in the claimant's dealings with Acas. The tribunal found that the email was received on that date, so 6 January 2023 was Day B for the purposes of section 207B of the Employment Rights Act 1996.
Applying section 207B, the tribunal held that the period between Day A and Day B was not counted, extending the primary time limit to 11 February 2023. The second Acas certificate issued on 24 January 2023 did not further extend time, following Revenue and Customs Commissioners v Serra Garau. The claimant had consulted a solicitor by 6 February 2023, so the tribunal found that he was within the extended time limit then, but his claim was still not lodged until 15 February 2023.
The claimant accepted that it was reasonably practicable for him to present the claim in time and did not seek a further extension under section 111(2) of the Employment Rights Act 1996. The tribunal therefore held that it had no jurisdiction to consider the unfair dismissal claim and dismissed it.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed because the tribunal held it had no jurisdiction to hear the claim: the claim form was presented on 15 February 2023, outside the extended time limit, and the claimant did not advance any argument that it was not reasonably practicable to present it in time. | Dismissed | — | — |
Legal tests applied
8 references- s.94 ERA 1996
- s.98 ERA 1996
- s.111 ERA 1996
- s.207B ERA 1996
- rule 9 Early Conciliation Rules 2014
- Luton Borough Council v Haque
- Marshall (Inspector of Taxes) v Kerr
- Revenue and Customs Commissioners v Serra Garau
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
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