Mr J Sharma v Taste Nepal Limited — 2021

At an open preliminary hearing on 2 December 2021, Judge M Aspinall held that the effective date of termination was 30 June 2020 under section 97(1)(b) of the Employment Rights Act 1996. The tribunal said that, even if the later date advanced by the Claimant, 14 September 2020, were accepted, the claims would still have been out of time.

The tribunal found that all of Mr Sharma's claims were presented on 19 February 2021 outside the applicable time limit and dismissed them for lack of jurisdiction. It refused the Claimant's application for an extension of time because he did not attend, did not provide a witness statement or other written evidence, and had not shown that he presented the claim as soon as reasonably practicable after the time limit expired or that it would be just and in accordance with the overriding objective to extend time.

The tribunal did not need to determine the separate issue of whether the Claimant had sufficient service to bring a claim. It allowed the Respondent's costs application and ordered Mr Sharma to pay £2,000 within 28 days, citing his non-attendance, the absence of any notice that an interpreter would be required, the absence of supporting evidence, and the unnecessary cost incurred by the Respondent in preparing for and attending the hearing.