Claimant v Glasgow Homecare Ltd T/a Home Instead — 2023

Mrs Fiona Gibbons brought claims against Glasgow Homecare Ltd trading as Home Instead Glasgow South for unfair dismissal, breach of contract/notice pay, and outstanding holiday pay. At the preliminary hearing on 12 June 2023, Employment Judge A Kemp considered whether the unfair dismissal and breach of contract claims were in time, in light of the effective date of termination agreed by the parties as 15 December 2022 and the timing of early conciliation and presentation of the claim form.

The tribunal held that it had not been shown that it was not reasonably practicable to commence early conciliation by 14 March 2023. It found that the claimant's solicitor, Ms Ramiza Mohammed, should have checked the dismissal date earlier, particularly after the appeal decision on 2 February 2023 and once settlement negotiations ended on 27 February 2023. The tribunal accepted that Ms Mohammed's daughter was seriously ill from around 6 March 2023 and that this caused distress, but found that Ms Mohammed still had some capacity to work, could access her laptop at home, and could have started early conciliation herself or asked colleagues or the claimant to do so.

The tribunal also held, in the alternative, that the claim was not presented within a reasonable period after any delay in starting early conciliation. It treated the defects in the first claim form, including naming Ms Mohammed instead of the claimant and omitting the early conciliation certificate number, as material. Although an amended claim form was later accepted and treated as presented on 27 March 2023, the tribunal found that the additional delay of about a week was not reasonable in the circumstances.

As a result, the unfair dismissal and breach of contract claims were dismissed for want of jurisdiction. The tribunal separately recorded that the holiday pay claim was within its jurisdiction and would proceed to a final hearing, but it made no decision on the merits of that claim at this stage.