1804450/2025Respondent won

Lifeways Community Care Ltd

v Miss D Adams-Garvin

5 May 2026·Employment Tribunal·England & Wales·Employment Judge Maidment

Respondent

Lifeways Community Care Ltd

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Decision date

5 May 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Maidment

Case Summary

The claimant sought reconsideration of a tribunal judgment concerning the time limit for presenting an unfair dismissal claim. The tribunal found the claimant's employment was terminated on 19 November 2024, with ACAS Early Conciliation commencing after the primary time limit had expired and no extension granted. The reconsideration application was refused as there was no reasonable prospect of the judgment being varied or revoked.

Why this outcome?

Out of time

The tribunal found that employment was terminated on 19 November 2024, ACAS Early Conciliation commenced after the primary time limit expired with no extension granted, and it remained reasonably practicable for the claim to have been presented within the primary time limit. The claimant's new evidence regarding a purported earlier submission attempt was either unavailable to her at the preliminary hearing or only relevant if the effective date of termination was later, which the tribunal had determined it was not.

Claim Types

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Key Issues

  • time limit for presenting claim
  • effective date of termination
  • reasonably practicable to present within primary time limit
  • ACAS Early Conciliation timing

Decision Text

Full PDF

Case No: 1804450/2025 10.2 Judgment - rule 61 March 2017 EMPLOYMENT TRIBUNALS Claimant: Miss D Adams-Garvin Respondent: Lifeways Community Care Ltd JUDGMENT ON A RECONSIDERATION The claimant’s application for a reconsideration of the Tribunal’s Judgment sent to the parties on 6 February 2026 is refused as there is no reasonable prospect of the Judgment being varied or revoked. REASONS Whether or not the claimant received the call from the respondent on 19 November 2024 whilst attending a funeral was not decisive in the tribunal concluding, on the evidence, that her employment was terminated, as communicated to her, on that date. The tribunal engaged in its considerations with the possibility that the claimant may not have been able to hear clearly what was said to her. If employment was terminated on that day, then ACAS Early Conciliation commenced after the expiry of the primary time limit. There was no extension of time to submit the claim. In such scenario, whether or not the claimant attempted to submit her tribunal complaint is relevant only to the length of time after the expiry of the primary time limit the claimant delayed in taking steps to initiate proceedings. However, it had still been reasonably practicable for the claim to have been presented within the primary time limit. The claimant seeking to commence proceedings on 2 May 2025 rather than 26 June 2025, when the claim form was received, is immaterial to the tribunal’s determination under Section 111(2)(b) of the Employment Rights Act 1996. The claimant has provided documentation now which she says supports her having attempted to submit her tribunal claim on 2 (or 3) May 2025. However, such evidence was or ought reasonably to have available to the claimant to produce at the preliminary hea

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