Case 1302969/2018 · Employment Tribunal
Mr G Weston v Birmingham City Council — 2018
- Case reference
- 1302969/2018
- Decision date
- 9 October 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lloyd Signed
Parties
2 namedClaimant
Mr G Weston
Respondent
Key findings
Tribunal's reasoningThe claimant applied for reconsideration of the tribunal's dismissal of his claim on 23 August 2018 and for relief from sanctions. The tribunal considered the claimant's letter of 30 August 2018 and the respondent's written response dated 6 September 2018.
The tribunal found that reasonable steps had been taken to notify both parties of the open preliminary hearing listed for 23 August 2018. It recorded that the claimant had persistently failed to comply with directions concerning the agreed bundle and witness statements, and that an Unless Order had been issued on 22 August 2018 with a same-day compliance deadline.
The claimant did not attend the preliminary hearing, which was to address whether the tribunal had jurisdiction to consider the unfair dismissal complaint in light of the effective date of termination and the section 111(2) time limit. The tribunal concluded there was no reasonable prospect of the dismissal decision being varied or revoked, and that it was not in the interests of justice to set aside the Unless Order or the confirmation of dismissal.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment concerns the claimant's applications for reconsideration and relief from sanctions after the tribunal's earlier dismissal of the claim on 23 August 2018. The text identifies the issue for the preliminary hearing as jurisdiction to consider a complaint of unfair dismissal under section 111(2) Employment Rights Act 1996. | Dismissed | — | — |
Legal tests applied
4 references- Rule 38(2) Employment Tribunals Rules of Procedure 2013
- Rule 72(1) Employment Tribunals Rules of Procedure 2013
- Section 111(2) Employment Rights Act 1996
- interests of justice
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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