Case 2501703/2020 · Employment Tribunal

Mitchell Brown v M Bryan Groundworks Limited — 2021

Case reference: 2501703/2020
Decision date: 10 February 2021
Jurisdiction: England & Wales
Judge: Employment Judge Newburn Members

Indexed: 23 May 2026

Parties

2 named

Claimant

Mitchell Brown

Respondent

M Bryan Groundworks Limited

Key findings

Tribunal's reasoning

The case was heard remotely by CVP on 9 February 2021 before Employment Judge Newburn. No lay members are listed on the judgment, and no written reasons were provided because reasons had been given orally at the hearing.

The tribunal dismissed the claimant's unfair dismissal claim because it had not been presented within the three-month time limit running from the effective date of termination. The tribunal was not satisfied that it had not been reasonably practicable for the claim to be presented within that period, so the claim was treated as out of time and the tribunal said it had no jurisdiction to hear it.

The tribunal reached the same outcome on the wrongful dismissal claim, again finding that it had not been presented within the relevant three-month period and that it was not satisfied it had not been reasonably practicable to present it in time. The text of paragraph 2 contains a repeated reference to 'unfair dismissal' in its final sentence, but the paragraph heading and the rest of the paragraph indicate that the ruling was on wrongful dismissal. The claim for unauthorised deduction from wages under section 13 Employment Rights Act 1996 was also dismissed as not well-founded.

Claims and outcomes

3 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The tribunal held the claim was not presented within three months of the effective date of termination, was out of time, and that it was not satisfied it was not reasonably practicable to present it in time.	Dismissed	—	—
Wrongful dismissal	Paragraph 2 of the judgment text refers to 'wrongful dismissal' and says it was out of time and dismissed, although the final sentence in that paragraph mistakenly repeats 'unfair dismissal'.	Dismissed	—	—
Unlawful deduction from wages	The claim under section 13 Employment Rights Act 1996 was found not well-founded and dismissed.	Dismissed	—	—

Legal tests applied

3 references

Official outcome judgment PDF

Gov.uk primary record

The 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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