Mr S Draycott v Jodarc Ltd: 2402164/2025
JUDGMENT
[1]The claim for notice pay and holiday pay were not presented within the applicable time limit. It was reasonably practicable to do so. As such, the Tribunal has no jurisdiction to determine it, it has no reasonable prospects of success, and it is struck out.[2]The claim for redundancy pay was presented in time and will go ahead separately. There are no issues in relation to the time limit in respect of this part of the claim. Background[3]The claimant’s employment terminated on 14 January 2025. That date is the effective date of termination (“the EDT”). The claimant had worked for the respondent since 28 February 2004 as a fish fryer. The respondent ceased trading on 14 January 2025. The claimant did not receive a redundancy payment, notice pay or accrued untaken holiday pay.[4]The claimant contacted ACAS to commence Early Conciliation on 27 May 2025. An Early Conciliation certificate was issued on 2 June 2026. The claimant brought a claim before the Employment Tribunal on 17 June 2025.[5]This case was listed for a preliminary hearing today following a direction of Employment Judge Cookson dated 20 November 2025 to decide whether the claims for notice pay and holiday pay have been brought in time. Time limits[6]Claims for unpaid notice pay following termination must be presented to the Tribunal within three months of the EDT minus one day. In this case by 13 April 2025.[7]A claim for unpaid holiday pay must be presented to an Employment Tribunal within three months less one day of the date on which the payment fell due. Where employment has terminated, accrued but untaken holiday pay becomes due on the date of termination.[8]The Tribunal may extend time for a holiday pay and notice pay claim only if the claimant proves:a. that it was not reasonably practicable to present the claim within the primary time limit; andb. that the claim was presented within a reasonable time thereafter.[9]The burden of proof rests on the claimant.[10]Although the Early Conciliation regime stops the running of time where conciliation is initiated before the original limitation period expires, it cannot revive a limitation period that has already expired. The limitation expired on 13 April 2025 and the claimant did not contact ACAS until 27 May 2025 at which time the claims for holiday pay and notice pay were out of time.[11]The claimant said there was no reason why he did not bring his claim for notice pay and holiday pay in time. He was not unwell. The claimant did not know there were different time periods for different claims. He has obtained advice from Citizens Advice but they had not advised him of this fact.[12]I am therefore unable to find that it was not reasonably practicable for the claimant to present his complaint of unpaid notice and holiday pay in time. The claimant has not shown reasons why it was not reasonably practicable for him to present his claim withing the primary time limit. On that basis alone, I have no power to extend time, the Tribunal has no jurisdiction to consider it, it has no reasonable prospects of success and it is struck out.[13]The claim for unpaid redundancy pay is unaffected by this decision and will proceed for determination. Judge Lloyd 27 April 2026 8 June 2026 ……...……………………..