Case 1602930/2023 · Employment Tribunal
Mr N Skinner v Peter Graf Von Der Pahlen and 1 other — 2024
- Case reference
- 1602930/2023
- Decision date
- 29 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge R Evans Representation
Parties
3 namedClaimant
Mr N Skinner
Key findings
Tribunal's reasoningAt a preliminary hearing in Cardiff on 23 September 2024, Employment Judge R Evans determined that the effective date of termination was 14 March 2023 and that the Claimant ought reasonably to have known that date. The Tribunal also fixed 25 August 2023 as the cut-off date for acts complained of, meaning earlier matters were potentially out of time.
The Tribunal refused the Claimant permission to amend the claim to add unfair dismissal because he lacked the statutory qualifying period. It further held that the Equality Act 2010 complaints were not presented within the time limit in section 123 EqA 2010 and that there was no just and equitable basis to extend time. The holiday pay complaint was also out of time, and the Tribunal found no basis to conclude that it was not reasonably practicable to present that complaint in time.
The consequence was that the proceedings were struck out in their entirety. No remedy was awarded. The written record was signed on 23 September 2024 and sent to the parties on 29 October 2024.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The Tribunal refused permission to amend the claim to add unfair dismissal because the Claimant lacked the statutory qualifying period. | Dismissed | — | — |
| Other | The judgment refers generically to Equality Act 2010 complaints only. It found they were not brought within the prescribed time limit under section 123 EqA 2010 and there was no just and equitable basis to extend time. | Struck out | — | — |
| Holiday pay | The holiday pay complaint was found out of time, and the Tribunal held there was no basis to conclude that it was not reasonably practicable to bring it within time. | Struck out | — | — |
Legal tests applied
4 references- statutory qualifying period
- section 123 EqA 2010
- just and equitable basis
- reasonably practicable
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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