Case 4108031/2020 · Employment Tribunal
Ms Maria Reina v Represented by Ms L Campbell Solicitor Occasions Leisure Limited — 2021
- Case reference
- 4108031/2020
- Decision date
- 8 December 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge Russell Bradley
Parties
2 namedClaimant
Ms Maria Reina
Key findings
Tribunal's reasoningMs Maria Reina presented an ET1 on 30 December 2020 bringing claims of unfair dismissal, statutory redundancy payment, notice pay, holiday pay, and failure to provide a written statement of her terms and conditions of employment. The respondent did not appear or lodge an ET3. This open preliminary hearing heard no evidence and was concerned only with whether the claim was time-barred and, if so, whether it had been reasonably practicable to present it in time.
The tribunal found that Ms Reina was dismissed on 22 August 2020. Early conciliation began on 16 November 2020 and the EC certificate was issued on 1 December 2020. Applying s.111(2)(a) and s.207B of the Employment Rights Act 1996, and referring to Tanveer v East London Bus & Coach Company Ltd and Dodds v Walker, the judge held that the claim was not time-barred because the ET1 was presented within the relevant extended period after the ACAS early conciliation process.
The judgment states that the ET1 form was presented in time and that the case should be listed for a one-day final hearing on liability and remedy. No substantive findings were made on the merits of the pleaded unfair dismissal, redundancy, notice pay, holiday pay, or written statement claims.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Pleaded in the ET1; this open preliminary hearing decided only that the ET1 was presented in time. No merits determination was made on the unfair dismissal claim. | Other | — | — |
| Redundancy | Pleaded in the ET1; this open preliminary hearing decided only that the ET1 was presented in time. No merits determination was made on the redundancy payment claim. | Other | — | — |
| Breach of contract | Pleaded as notice pay; this open preliminary hearing decided only that the ET1 was presented in time. No merits determination was made on the notice pay claim. | Other | — | — |
| Holiday pay | Pleaded in the ET1; this open preliminary hearing decided only that the ET1 was presented in time. No merits determination was made on the holiday pay claim. | Other | — | — |
| Other | Claim in respect of the alleged failure to provide a written statement of terms and conditions of employment; this open preliminary hearing decided only that the ET1 was presented in time. No merits determination was made on this claim. | Other | — | — |
Legal tests applied
5 references- s.111(2)(a) ERA 1996
- s.111(2A) ERA 1996
- s.207B ERA 1996
- Tanveer v East London Bus & Coach Company Ltd [2016] ICR D11
- Dodds v Walker [1981] 1 WLR 1027 HL
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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