Case 2406218/2019 · Employment Tribunal
Mr S Slater v Jaguar Land Rover Limited — 2020
- Case reference
- 2406218/2019
- Decision date
- 22 January 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Franey
- Venue
- Manchester
Parties
2 namedClaimant
Mr S Slater
Respondent
Key findings
Tribunal's reasoningThe preliminary hearing determined the effective date of termination and whether time should be extended. The claimant said dismissal took effect when the dismissal letter was emailed to him on 15 March 2019. The respondent said the dismissal letter was hand-delivered to his home on 11 December 2018. The Tribunal preferred the respondent's account and found that the letter was delivered through the claimant's letterbox on the evening of 11 December 2018, giving him a reasonable opportunity to learn of his dismissal.
For the unfair dismissal and breach of contract claims, the Tribunal accepted that the claimant was very depressed and anxious during the relevant period, but found that he had access to assistance from a legally qualified friend, his union, his wife, and online research. It found the medical evidence did not establish that he was unable to deal with bringing a claim, and held that it was reasonably practicable for those complaints to have been presented in time.
For the disability discrimination complaints, the Tribunal considered whether it was just and equitable to extend time. It found the delay was significant, that the reason for the delay was the claimant's decision to ignore or not act on the dismissal letter, and that although the delay had not affected the cogency of the evidence, the surrounding circumstances did not justify an extension. The discrimination complaints were dismissed.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed because the complaint was presented outside the section 111 Employment Rights Act 1996 time limit and the Tribunal found it had been reasonably practicable to present it in time. | Dismissed | — | — |
| Breach of contract | Notice pay breach of contract complaint dismissed because it was presented outside the Article 7 Extension of Jurisdiction Order time limit and the Tribunal found it had been reasonably practicable to present it in time. | Dismissed | — | — |
| Disability discrimination | Equality Act 2010 disability discrimination complaints, relying on depression and inflammatory bowel disease, were dismissed as out of time. The Tribunal declined to extend time on a just and equitable basis. | Dismissed | Disability | — |
Legal tests applied
11 references- section 111(2) Employment Rights Act 1996
- Article 7 Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994
- reasonably practicable
- Palmer v Southend-on-Sea Borough Council
- Marks and Spencer Plc v Williams-Ryan
- section 123 Equality Act 2010
- just and equitable
- British Coal Corporation v Keeble
- Robertson v Bexley Community Centre
- Chief Constable of Lincolnshire v Caston
- Department of Constitutional Affairs v Jones
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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