Case 1305111/2023 · Employment Tribunal
Mr R Tomasiewicz v Form Fabrications (Birmingham) Limited — 2023
- Case reference
- 1305111/2023
- Decision date
- 12 December 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Childe REPRESENTATION
Parties
2 namedClaimant
Mr R Tomasiewicz
Respondent
Key findings
Tribunal's reasoningThis was a preliminary hearing in public before Employment Judge Childe at Birmingham by CVP on 12 December 2023. The tribunal dealt only with limitation issues and did not determine the merits of the underlying claims.
For the unfair dismissal and unlawful deduction from wages complaints, the tribunal found that they had not been presented within the applicable time limit. It nevertheless held that it was not reasonably practicable to present them in time, and that they were presented within a further reasonable period. Those complaints were therefore allowed to proceed.
For the age and disability discrimination complaints, the tribunal also found that they had not been presented within the applicable time limit. It decided that it was just and equitable to extend time, so those complaints were also allowed to proceed. The written record notes that reasons were given orally at the hearing and that written reasons would not be provided unless requested.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Preliminary time-limit ruling only. The tribunal found the unfair dismissal complaint was presented outside the applicable time limit, but that it was not reasonably practicable to present it in time and that it was presented within a further reasonable period, so it will proceed. | Other | — | — |
| Unlawful deduction from wages | Preliminary time-limit ruling only. The tribunal found the unlawful deduction from wages complaint was presented outside the applicable time limit, but that it was not reasonably practicable to present it in time and that it was presented within a further reasonable period, so it will proceed. | Other | — | — |
| Age discrimination | Preliminary time-limit ruling only. The tribunal found the age discrimination complaint was presented outside the applicable time limit, but that it was just and equitable to extend time, so it will proceed. | Other | Age | — |
| Disability discrimination | Preliminary time-limit ruling only. The tribunal found the disability discrimination complaint was presented outside the applicable time limit, but that it was just and equitable to extend time, so it will proceed. | Other | Disability | — |
Legal tests applied
3 references- not reasonably practicable
- further reasonable period
- just and equitable
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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