ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4110178/2019 Preliminary Hearing at Edinburgh on October 2019 Employment Judge: M A Macleod Tracy Ramsay v Mohammad Aslam — 2019

The claimant brought a claim presented on 14 August 2019 complaining that she had been unlawfully deprived of pay in respect of holidays accrued but untaken when her employment ended on 24 March 2019. The respondent resisted the claim, and a preliminary hearing was listed to decide whether the tribunal had jurisdiction because the claim might be time-barred.

The tribunal found that the relevant payment was made on 24 March 2019, so the three-month time limit expired on 13 August 2019. The claimant accepted that she knew of the deadline, having been advised by ACAS, and that she had deliberately delayed submitting the claim because she was worried about making things awkward in the workplace. She said there was nothing else in her life preventing her from lodging the claim in time.

Applying section 23 of the Employment Rights Act 1996 and the authorities cited, including Porter v Bandridge Ltd, Palmer & Saunders v Southend-on-Sea Borough Council, and Trevelyans (Birmingham) Ltd v Norton, the tribunal held that it was reasonably practicable for the claim to have been presented by 13 August 2019. It found that the claimant had the information she needed, had prepared the claim form in advance, and had not shown any reason why she could not have lodged it before the deadline.

The tribunal also considered the TUPE point raised in evidence and submissions. It accepted that the claimant may not have sued the correct respondent, because liabilities may have transferred to Rayyan 1 Enterprises Limited in March 2019, but held that this did not affect the jurisdictional time-bar issue. The claim was therefore dismissed for want of jurisdiction.