Mr C Georgiev v No appearance Fife Law Centre — 2019

At a preliminary hearing in Glasgow, Employment Judge A Kemp heard the respondent and proceeded in the claimant's absence after he did not attend. No formal oral evidence was given. The tribunal relied on the respondent's documents, the pleadings, and two further documents produced to establish when the dismissal was communicated. It found that Mr C Georgiev had been employed by Fife Law Centre as an administrator from 26 February 2015 and had been summarily dismissed by letter dated 8 March 2019, sent by email and received that day.

The tribunal held that the effective date of termination was 8 March 2019. It found that early conciliation began on 5 June 2019 and that the claim form was presented on 5 August 2019, which was one day outside the applicable time limit; the last day for presentation on time was 4 August 2019. Applying the statutory time-limit provisions and the 'not reasonably practicable' test, the tribunal found that Mr Georgiev had not shown that it was not reasonably practicable to present the claims within the primary period. It also noted that the claim form and schedule of loss did not indicate any other claim.

The tribunal therefore concluded that it had no jurisdiction to consider the unfair dismissal claim, the notice pay claim, or the claim understood to relate to sick pay, and dismissed the case. No monetary remedy was awarded.