Case 2402522/2022 · Employment Tribunal
Claimant v Respondent — 2023
- Case reference
- 2402522/2022
- Decision date
- 12 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Johnson REPRESENTATION
Parties
1 namedClaimant
Claimant
Respondent
- —
Key findings
Tribunal's reasoningThe case was heard at Manchester on 29 and 30 August 2023 before Employment Judge Johnson. The claimant was unrepresented; the respondent was represented by Mr R Sizer, intermediary, and Ms K Barry, counsel. The tribunal dealt only with limitation and jurisdiction issues, not the underlying merits of the claims.
The tribunal held that the complaints of unfair dismissal and unlawful deductions from wages were not presented in time under sections 111 and 23 of the Employment Rights Act 1996. It found that it was reasonably practicable for the claimant to present those complaints before 4 April 2022, when the claim form was presented.
The tribunal also held that the disability discrimination complaint was not presented in time under section 123 of the Equality Act 2010, and that it was not just and equitable to extend time to 4 April 2022. As a result, the tribunal held that it did not have jurisdiction to hear the complaints in these proceedings and that the claim could not proceed.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Held out of time under section 111 Employment Rights Act 1996; the tribunal found it was reasonably practicable for the claimant to present the complaint before 4 April 2022, when the claim form was presented. | Dismissed | — | — |
| Unlawful deduction from wages | Held out of time under section 23 Employment Rights Act 1996; the tribunal found it was reasonably practicable for the claimant to present the complaint before 4 April 2022, when the claim form was presented. | Dismissed | — | — |
| Disability discrimination | Held out of time under section 123 Equality Act 2010; the tribunal found it was not just and equitable to extend time to 4 April 2022, when the claim form was presented. | Dismissed | Disability | — |
Legal tests applied
5 references- section 111 Employment Rights Act 1996
- section 23 Employment Rights Act 1996
- reasonably practicable
- section 123 Equality Act 2010
- 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
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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