Case 1808046/2025 · Employment Tribunal
Mr G Julian v Yorkshire Ambulance Service NHS Trust — 2026
- Case reference
- 1808046/2025
- Decision date
- 9 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Shore Appearances
- Venue
- Leeds
Parties
2 namedClaimant
Mr G Julian
Respondent
Key findings
Tribunal's reasoningAt a public preliminary hearing, the Tribunal corrected the respondent's name to Yorkshire Ambulance Service NHS Trust and refused Mr Julian's application to amend his claim. The Tribunal found that, except for an allegation about the outcome of a disciplinary hearing on 24 October 2025, Mr Julian had been aware of the matters he sought to add when he presented his ET1. It concluded that the prejudice to the respondent if the amendment were allowed was greater than the prejudice to Mr Julian if it were refused.
Mr Julian resigned on 13 May 2025, giving notice that expired on 30 June 2025, which the Tribunal treated as the effective date of termination. He presented claims for ordinary constructive unfair dismissal, automatic unfair dismissal on the grounds that he made protected disclosures, and detriment short of dismissal on the grounds that he made protected disclosures. The claims were presented on 20 November 2025.
The Tribunal held that all claims were presented outside the applicable time limits. It stated that the burden was on Mr Julian to show that it was not reasonably practicable to present the claims in time. Having considered his explanations, including that he started ACAS early conciliation on 5 June 2025 and had been advised by ACAS about time limits, the Tribunal found that it was reasonably practicable for him to present the claims within time and that they were not presented within a further reasonable period. It therefore held that it had no jurisdiction and dismissed the claims.
In the alternative, the Tribunal found that all claims had no reasonable prospect of success and struck them out. It accepted the respondent's preliminary hearing submissions and referred to difficulties concerning limitation, causation, and the essential elements of constructive dismissal. The Tribunal also noted that Mr Julian sought to revoke his resignation on 16 May 2025 and gave more than the one-month contractual notice period, which it treated as apparent acts of affirmation of the contract, citing Cockram v Air Products plc [2014] UKEAT/0038/14. No remedy was awarded.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The ordinary constructive unfair dismissal claim was dismissed because it was presented out of time; in the alternative, it was struck out as having no reasonable prospect of success. | Dismissed | — | — |
| Whistleblowing | The automatic unfair dismissal claim on the grounds of protected disclosures was dismissed because it was presented out of time; in the alternative, it was struck out as having no reasonable prospect of success. | Dismissed | — | — |
| Whistleblowing | The detriment short of dismissal claim on the grounds of protected disclosures was dismissed because it was presented out of time; in the alternative, it was struck out as having no reasonable prospect of success. | Dismissed | — | — |
Legal tests applied
3 references- not reasonably practicable
- no reasonable prospect of success
- Cockram v Air Products plc [2014] UKEAT/0038/14
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.
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