Miss P Attwell v ASK (Rany) Ltd: 2300458/2022
JUDGMENT
[1]The effective date of termination for the Claimant’s employment was 16 September 2021. This was effectively agreed by the parties before me.[2]The Claimant commenced Early Conciliation with ACAS on 4 November 2021. This ended and a certificate was issued on 8 November 2021.[3]The Claimant asked her daughter to assist with drafting and lodging her claim to the Employment Tribunals in early to mid November, after the ACAS process ended.[4]The Claimant chased up with her daughter in late January, so around 2 months later, and found that the claim had not been sent to the Employment Tribunals.[5]The Claimant filed her claim on 9 February 2022, more than a week after discovering that it had not been sent prior to then.[6]In the judgment of the Tribunal: The Claimant did not submit her claim before the expiry of the limitation date (i.e. within 3 months less one day from the effective date of termination of her employment), even allowing for any extension of time created by the ACAS Early Conciliation process; and[7]The Claimant did not submit her claim in such a period as was reasonably practicable for her to do so after the expiry of the limitation period. Her claim was submitted around 8 weeks late; and[8]I am not satisfied that there are properly lawful grounds upon which the Tribunal could, or should, extend time for the submission of the Claim; and[9]All of the claims made by the Claimant are dismissed as they were made out of time. There were no further applications or orders. Judge M Aspinall on Monday, 26th September 2022 Note Reasons for this judgment having been given orally at the hearing, written reasons will not be provided unless they are requested - by either party - within 14 days of this notice. 2300458-2022 Miss Patricia Attwell -v- ASK (Rany) Ltd: 26-09-2022 Judgment Page 1 of 2 2300458-2022 Miss Patricia Attwell -v- ASK (Rany) Ltd: 26-09-2022 Judgment Page 2 of 2