ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000418/2024 Held on June 2024 by CVP Employment Judge N M Hosie Dr A Shipman v Conigital Ltd — 2024

Dr Shipman gave evidence that he had not received wages and pension contributions due from Conigital Limited t/a Conigital io. The tribunal recorded that he presented as measured, consistent, convincing, credible and reliable, and it accepted that his claim for unpaid wages and pension contributions was well founded on the facts. It also found, on the basis of his evidence and HMRC correspondence, that the respondent's information suggesting salary payments in July and September was incorrect, and that he had in fact received only one salary payment in July and no salary payments thereafter for August and the week in September before termination on 8 September 2023.

Despite those factual findings, the tribunal held that the claim was time-barred. It found that Dr Shipman had failed to notify ACAS within the statutory 3 month time limit from the effective date of termination and had also failed to submit his claim form within 1 month of the ACAS certificate being issued. The tribunal was not persuaded that it had not been reasonably practicable to present the claim in time, so the claim was dismissed for want of jurisdiction.