Ms J Nixon v GW Law Ltd T/a GW Legal: 2402760/2025
JUDGMENT
The claim was not presented within the applicable time limit. It was reasonably practicable to do so. The claim is dismissed.REASONS
[1]The claimant told the Tribunal that she was dismissed on 13 December 2024 but no claim was presented to ACAS for conciliation until 7 April 2025, outside the three-month primary time limit. The claim was then not presented to the Tribunal until 22 July 2025.[2]She claims for holiday pay, notice pay and arrears of pay. Each of these claims requires a claimant to start ACAS Early Conciliation within 3 months. The claimant was asked, in an email dated 22 July 2025, to explain why it was not reasonably practicable for her to have done so.[3]The claimant contacted the Tribunal by email on 23 July 2025. She said that she was already part of the group of claimants who were making a claim against the claimant and cited a case number for one of those other claimants. However, no claim form was submitted for the claimant until 22 July 2025. She was not included on the claim form for claim number 2402657/2025. Even if she had been included, her claims for holiday pay, notice pay and arrears of pay would have still been out of time as that claim was not submitted until 30 June 2025.[4]The claimant said that she was obliged to wait until the respondent was wound up before making her claim. This is not correct. The claimant sought to say that the cause of the delay was due to the respondent’s director and that she had done everything that was required of her. This is also not correct. She had until 12 March 2025 to start ACAS Early Conciliation, irrespective of what was done Case Number: 2402760/2025 or not being done by the respondent, any liquidator, or the managing director of the respondent. She did not do so. Her claims are dismissed. Approved by EJ Barker 24 July 2025 Judgment sent to the parties on: 29 July 2025 …………………………………… For the Tribunal: ……………………………………