Under Employment Tribunal regulations, is my claim out of time?

I am a doctor and I have (I think!) a valid complaint that I was a Worker due holiday pay, doing regular sessions since October 2006, and I invoiced for this holiday pay soon after it was due. The invoice was acknowledged, but despite many reminders by letter and email, nothing was received from my employer (NHS!) for months afterwards. This is the usual reaction, I have since discovered and this delay resulted in my complaining to the Chief Executive, but the three month time limit to make an Employment Tribunal claim was long exceeded. After taking informal legal advice, I claimed for a debt owing under the Small Claims Procedure although I was told that it was an unusual course of action. I then heard,finally, in August 2008,that they considered me a self-employed locum and not a Worker and defended the Claim. I lost this, as, despite the advice I was given, the Judge felt that the Court did not have jurisdiction. That, I thought, was the end of the matter, until, in November 2009, I received a letter from the NHS Pensions Agency, indicating that they were in error in considering me a locum but that I was a Type 2 Practitioner throughout. I then used this letter to indicate that I had received new information sufficient to start an Employment Tribunal claim. This has been resisted and there is a request for a pre-hearing on the (main) grounds that the Claim is still out of time. Is it worth protesting and saying that a pre-hearing is unnecessary and the Tribunal should proceed straight to the main hearing? If the judge does ask for a deposit of 拢500 if I continue, I will almost certainly withdraw.|||I've been led to believe on a similar matter that whether or not the claim is 'out of time' is entirely a matter for the discretion of the Tribunal. As such, I would guess that the pre-hearing would be used to establish that. It sounds as if you have a reasonable case and a fair reason so what's the harm in a pre-hearing? I would make sure that your reasons for the delay and the fact that it was beyond your control are clearly set out and go through the pre-hearing, and, for want of a better description, throw yourself on the mercy of the 'court'.





Good luck|||This is not that unusual. If you go down and file a form 234-b, checking the box for WNWT, you can get the result you're looking for.





Good luck!|||I don't think your clain is out of time, as the issue which caused your grievance is ongoing. The time limit of three months usually applies to a one off incident. Can the BMA or your union not advise you?