The Sports PR Company Limited v Valentina Londono Cardona

The Sports PR Company Limited v Valentina Londono Cardona

The tribunal was entitled to find that the claimant's mistake in naming the respondent was reasonable for a litigant in person, that she acted promptly to correct it, and that it was not reasonably practicable for her to present the claim in time. The extension of time was therefore properly granted. The tribunal erred in its calculation of the wages award by failing to deduct the three-day statutory sick pay waiting period, and the matter was remitted for recalculation.

Parties
Appellant/respondent: The Sports PR Company Limited; Respondent/claimant: Ms. Valentina Londono Cardona
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
Appeal dismissed save for the point on statutory sick pay calculation; matter remitted for recalculation; pro bono costs application refused.
Legal Topics
Extension of Time, Practice and Procedure, Wages Claim, Statutory Sick Pay
Employment Law Extension of Time Practice and Procedure Wages Claim Statutory Sick Pay

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Sports PR Company Limited

Appellant/respondent

Ms. Valentina Londono Cardona

Respondent/claimant

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the employment tribunal erred in extending time for presentation of the claim under section 23 Employment Rights Act 1996
  2. 2 Whether the tribunal erred in its calculation of the wages award by failing to account for the statutory sick pay waiting period

Ratio Decidendi

The tribunal was entitled to find that the claimant's mistake in naming the respondent was reasonable for a litigant in person, that she acted promptly to correct it, and that it was not reasonably practicable for her to present the claim in time. The extension of time was therefore properly granted. The tribunal erred in its calculation of the wages award by failing to deduct the three-day statutory sick pay waiting period, and the matter was remitted for recalculation.

Court Disposition

Appeal dismissed save for the point on statutory sick pay calculation; matter remitted for recalculation; pro bono costs application refused.

Orders

  • Appeal on extension of time dismissed
  • Appeal allowed in part on statutory sick pay calculation; matter remitted to tribunal for recalculation