Mrs L Welborn v Garden Market Butchers West Brom Ltd (in Voluntary Liquidation): 1311152/2020
JUDGMENT
[1]The claimants application for an extension of time to rely on the ET1 received on the 24th May 2021 (out of time) is granted.[2]For the avoidance of doubt the Tribunal therefore now has Jurisdiction for the matter and the case will proceed to a final hearing in accordance with the case management order of today’s date.REASONS
[1]The claimant was employed by the respondent, a company that sells meat products, as a food sales assistant, from 06th October 2017 until 9th of December 2020, when she was dismissed. Early conciliation started on 10th of December 2020 and ended on the 10th of December 2020. The claim form was presented on 10th of December 2020, however it was rejected due to a material error.[2]The claimant was directed to respond to the Tribunal with any further corrections to her ET1, which she complied with. Employment Judge Wedderspoon accepted and issued the claim on 24th May 2021, by which time it was approximately 2 months out of time.[3]Proceedings have been delayed by the respondent entering voluntary liquidation. As a consequence of that the respondent has provided a response to the claim but has not engaged further within the proceedings at this point. It seeks the claim to be struck out.[4]The hearing before me was therefore listed to consider the Jurisdictional issues around time limits. I heard evidence from the claimant and considered the file and pleadings.[5]I find that the claimant presented her initial claim to the Tribunal 24 hours after her dismissal. She had by this stage engaged with ACAS and obtained a certificate appropriately.[6]I accept the claimant’s narrative that there was a genuine mistake in her claim form which prompted its rejection. Bearing in mind that she is unrepresented, she has then taken steps to remedy that issue once it was brought to her attention. I am therefore satisfied that the correction was made as soon as practicable and within a reasonable time. I am satisfied that the explanation provided was reasonable.[7]The ET1 form had been served on the respondent’s registered office and it was obvious from this form what her claim related to, even if it contained an error in the identity of the respondent. A director of the respondent was named as the recipient.[8]Having considered the circumstances of the claim, I consider that the explanation is reasonable. It is also apparent that to refuse the application may cause substantial hardship to the claimant. In balancing that against the respondent’s hardship, it would be unjust to end the proceedings on the basis of the error in the ET1. As discussed, above at paragraph 7 the claim had been served on the correct address and would have been obvious to the respondent from the outset. In all of the circumstances, viewing matters in the round it is just and equitable to extend the time, and I allow the claimants application.[1]The claim for unfair dismissal succeeds and the respondent must pay the claimant the sum of £6,405 as a compensatory award which has been calculated as follows:a. The claimant was unemployed from 10th December 2020 until 20th September 2021: 40 weeks x £183 net per week = £7,320 less notice pay awarded for wrongful dismissal (£2,196) = £5,124.b. An uplift of 25% is awarded for the respondents total and unreasonable failure to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures = £1,281. The total compensatory award is £6,405.[2]The claim for a redundancy payment succeeds and the respondent must the claimant a statutory redundancy payment of £4,050 which has been calculated as follows: a. The claimant was employed for 19 years from February 2001 until 20th December 2020. The claimant was 39 years old at the time of the redundancy and was paid a gross weekly pay of £225 per week. Her entitlement is 18 weeks x £225 = £4,050.[3]The claim for wrongful dismissal succeeds and the respondent must pay the claimant a sum of £2,196 which has been calculated as follows: 10.2 Judgment - rule 61 February Case No: 1311152/2020 a. The claimant was entitled to 12 weeks statutory notice x net £183 per week = £2,196.[4]The Employment Protection (Recoupment of Jobseekers Allowance and Income Support) Regulations 1996 apply to the compensatory award.[5]The respondent is advised of the provisions of regulation 6 of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996, such that, within ten days of the decision in these proceedings being promulgated or as soon as is reasonably practicable, the respondent must comply with the provision of regulation 6 of the 1996 Regulations and, in particular, must supply to the Secretary of State the following information in writing:a. the name, address and national insurance number of the claimant to whom the award relates; andb. the date of termination of the employment of the claimant.[6]The respondent will not be required to make any payment of the compensatory award (at 1 above) until it has received a recoupment notice from the Secretary of State or notification that the Secretary of State does not intend to serve a recoupment notice having regard to the provisions of regulation 7(2). The Secretary of State must normally serve such recoupment notice or notification on the employer within 21 days of receipt of the required information from the respondent.