EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4105122/2022 (V) Held at Aberdeen on February 2023 Employment Judge N M Hosie iO Miss T Bello v Deeside Care LLP/Rowan Court Care Home — 2023

This was a preliminary hearing before Employment Judge N M Hosie in Aberdeen on 9 February 2023. The only issues determined were whether the claim was out of time and whether the tribunal had jurisdiction. The respondent had taken a time-bar point in its ET3 response, but at the hearing counsel for the respondent conceded that, on review of the papers, the claim form had in fact been submitted in time and that the tribunal had jurisdiction.

The tribunal recorded that the effective date of termination was 27 May 2022, ACAS received the early conciliation notification on 7 July 2022, the ACAS certificate was issued on 15 August 2022, and the claim form was submitted on 29 September 2022. Applying s.207B(3) of the Employment Rights Act 1996, the tribunal accepted counsel's explanation that the relevant deadline was 4 October 2022, so subsection (4) did not apply. The tribunal therefore held that the claim was timeous and that it had jurisdiction to consider it. The case was to proceed to a final hearing.