Mrs. S MacLennan v ’s father Cocoa Mountain Ltd — 2024

At the start of the 10 September 2024 hearing, Mrs MacLennan withdrew her complaints of unauthorised deductions from wages, failure to provide itemised pay statements, other payments, and unfair dismissal, and those complaints were dismissed under Rule 52. The only live issue left for determination was her breach of contract complaint about the respondent's alleged failure to offer her her full annualised hours entitlement.

The Tribunal held that the breach of contract claim was presented out of time. Employment ended on 13 December 2022, the primary limitation period expired on 12 March 2023, ACAS Early Conciliation ran from 10 March 2023 to 21 April 2023, and the final day to issue the claim was 21 May 2023. The claim was not presented until 6 June 2023. Applying the Article 7 reasonable practicability test, the Tribunal was not satisfied that it had not been reasonably practicable to present the claim in time, noting that the claimant and her father could have checked the position through ACAS, Citizens Advice, online sources, or legal advice, and that the evidence did not explain why they did not do so.

In the alternative, the Tribunal would have dismissed the breach claim on the merits. The claimant's contract required her to work no less than 1300 hours in each financial year, but did not fix daily or weekly hours. The respondent's business was seasonal, the claimant's hours were reduced by agreement after she asked to work fewer hours, and she was absent, left early, or was otherwise unavailable on a number of occasions. She resigned part-way through the financial year before the respondent had the opportunity to offer further work to make up any shortfall. The claimant said the shortfall was £2,889.90, but no damages were awarded because the claim was dismissed.