A Kemp (sitting alone) Mr M Bocian v Represented by Ms M Dabrowska Representative Millers of Speyside Limited — 2019

This was a preliminary hearing on jurisdiction and time limits, not a merits hearing. Mr M Bocian brought claims for unfair dismissal, notice pay, and holiday pay. The tribunal found that the effective date of termination was 31 March 2018, when he received the dismissal letter stating that the dismissal was with immediate effect. He had already appealed the dismissal on 3 April 2018, and the appeal was heard on 16 May 2018.

Applying the statutory time-limit provisions and the 'not reasonably practicable' test, the tribunal held that the claimant had shown it was not reasonably practicable to present the claim within the primary period ending on 30 June 2018. The judge accepted that the claimant had very limited English, required interpreters, had tried to obtain legal advice but could not afford representation, and had understood from the ACAS contact reported to him by Ms Dabrowska that he should wait for the written appeal outcome. The judge also accepted that the claimant had not received the appeal outcome letter dated 17 May 2018 and had followed it up by email on 31 May 2018.

Taking those matters together, and noting that early conciliation began on 15 August 2018 and the claim was presented on 3 September 2018, the tribunal held that the claim had been brought within a reasonable further period. The tribunal therefore had jurisdiction to consider all three claims and directed that the case proceed to a final hearing. No finding was made on the underlying merits of any claim and no award was made.