Mrs M Isse v Jewel Home Support Ltd: 2402076/2019
JUDGMENT
The judgment of the Tribunal is that the claimant presented her claim outside the statutory time limit and it is dismissed for lack of jurisdiction.REASONS
[1]By a claim form first presented on 27 February 2019 but only accepted after resubmission and reconsideration on 19 March 2019, the claimant claimed nonpayment of wages and non-provision of a payslip in respect of the termination of her employment on 28 October 2018. The respondent resisted her claim by a response, presented on 30 April 2019, including asserting that the claim should not have been accepted as it was presented out of time.[2]This Preliminary Hearing was listed to determine whether the claim was presented in time. The claimant’s Early Conciliation certificate showed Day A – date of receipt of notification by Acas on 29 January 2019 with Day B – the date of issue of the certificate on 6 February 2019. Case No. 2402076/2019[3]The claimant failed to attend the hearing. She was unable to establish that her claim was presented in time since it appeared that the 3-month limit for bringing her claims had already just expired when she commenced Early Conciliation. In the circumstances, her claim is dismissed for lack of jurisdiction.