Case 2301852/2019 · Employment Tribunal
Mr Cem Cam v London Fire Commissioner — 2022
- Case reference
- 2301852/2019
- Decision date
- 31 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Braganza Appearances
- Venue
- private before
Parties
2 namedClaimant
Mr Cem Cam
Respondent
Key findings
Tribunal's reasoningThe judgment concerned the claimant's application under rule 13 for reconsideration of the Tribunal's earlier rejection of his claim. The original ET1, presented on 16 May 2019, brought claims described in the judgment as constructive unfair dismissal and discrimination because of age, race and/or religion or belief. The form did not include an ACAS Early Conciliation number, and the exemption selected on the form did not apply.
The claimant accepted that he had not put the EC number on the ET1, explaining that he had misunderstood the process and had later sent the EC certificate to the Tribunal by email. The Tribunal found that the claim form had a substantive defect and that sending the EC certificate later did not rectify the defect in the ET1.
Applying rules 10, 12 and 13 of the Employment Tribunal Rules 2013 and E.On Control Solutions Ltd v Caspall, the Tribunal held that the original rejection was not wrong and that the defect had not been rectified by filing a claim form containing the correct EC number. The application for reconsideration was refused, and the substantive claims were not determined on their merits.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The underlying constructive unfair dismissal claim was not determined on its merits. The claim form was rejected for failure to include a valid ACAS Early Conciliation number, and the claimant's application for reconsideration of that rejection was refused. | Other | — | — |
| Age discrimination | The underlying age discrimination claim was not determined on its merits. The claim form was rejected for failure to include a valid ACAS Early Conciliation number, and the claimant's application for reconsideration of that rejection was refused. | Other | Age | — |
| Race discrimination | The underlying race discrimination claim was not determined on its merits. The claim form was rejected for failure to include a valid ACAS Early Conciliation number, and the claimant's application for reconsideration of that rejection was refused. | Other | Race | — |
| Religion or belief discrimination | The underlying religion or belief discrimination claim was not determined on its merits. The claim form was rejected for failure to include a valid ACAS Early Conciliation number, and the claimant's application for reconsideration of that rejection was refused. | Other | Religion or belief | — |
Legal tests applied
3 references- section 18A Employment Tribunals Act 1996
- rules 10, 12 and 13 Employment Tribunal Rules 2013
- E.On Control Solutions Ltd v Caspall UKEAT/0003/19
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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