Automated Summary
Key Facts
The Tribunal dismissed Mr. P O'Brien's claims against Mersey Eco Grants Ltd for unfair dismissal, breach of contract/notice pay, unlawful deduction from wages, and disability discrimination due to lack of jurisdiction. The claims were deemed out of time, as the claimant failed to comply with case management orders, did not provide required evidence (e.g., medical records, witness statement), and did not actively pursue the case. The ET1 claim form was submitted on 29 March 2022, 23 days after the extended time limit of 23 March 2022, calculated from Early Conciliation dates (19 January 2022 to 9 February 2022). The claimant's non-compliance and inactivity led to the Tribunal's decision.
Issues
- The Tribunal evaluated whether it would be 'just and equitable' to permit the claimant's disability discrimination claims to proceed despite being out of time, under Section 123 of the Equality Act 2010.
- The Tribunal assessed whether it was 'not reasonably practicable' for the claimant to present his unfair dismissal (statutory right), breach of contract/notice pay, and unlawful deduction from wages claims within the required time limits under relevant statutes.
- The Tribunal determined whether the claimant's claims for unfair dismissal, unlawful deduction of wages, breach of contract/notice pay, and disability discrimination were presented within the statutory time limits.
Holdings
The Tribunal dismissed the claimant's claims of unfair dismissal, breach of contract/notice pay, unlawful deduction from wages, and disability discrimination for want of jurisdiction. All claims were determined to be out of time, as the claimant failed to meet statutory deadlines even after Early Conciliation. The claimant also did not provide evidence to justify the delay or satisfy the Tribunal that it had jurisdiction to proceed with the claims. Additionally, the claimant did not comply with case management orders requiring further particularisation of his claims.
Legal Principles
- The Tribunal applied statutory time limits for claims, including the 'not reasonably practicable' test for unfair dismissal (Section 111(2) ERA 1996) and the 'just and equitable' test for disability discrimination claims (Section 123 Equality Act 2010).
- The claimant bore the burden to prove the Tribunal had jurisdiction to consider his claims, particularly regarding the time limits for unfair dismissal and disability discrimination.
Precedent Name
- Robertson v Bexley Community Centre
- Cygnet v Britton
Cited Statute
- Employment Rights Act 1996
- Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
- Equality Act 2010
Judge Name
Parkin
Passage Text
- Applying these provisions, the Tribunal concluded that each statutory time limit in respect of all the claimant's claims ran from 3 December 2021. The ordinary 3-month limitation period for claims would have expired on 2 March 2022 but the claimant commenced Early Conciliation on 19 January 2022 and his certificate was issued on 9 February 2022. Day A is 20 January 2022 and Day B is 9 February 2022 meaning that 21 days' Early Conciliation should be discounted or counted as time not running, which makes the relevant time limit 23 March 2022, still six days before the ET1 claim form was presented.
- He himself has given no evidence and put no case to the Tribunal as to why it was not reasonably practicable for him to present the claims in time or, in respect of the still unparticularised disability discrimination claims, why it would be just and equitable for the Tribunal to determine them in any event at a final hearing.
- None of these case management orders was ever complied with by the claimant; there was no further contact by the claimant with either the Tribunal or the respondent.