Case 2502376/2022 · Employment Tribunal
Mr P Dixon v Envision AESC UK Ltd — 2023
- Case reference
- 2502376/2022
- Decision date
- 11 October 2023
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Mr P Dixon
Respondent
Key findings
Tribunal's reasoningOn 11 October 2023, Employment Judge A E Pitt dealt with preliminary issues only. The tribunal held that it had no jurisdiction to hear the claimant's case for constructive unfair dismissal. It also struck out the perceived disability discrimination claim because it had been presented outside the three-month time limit and there was no reasonable prospect of an extension on the just and equitable basis.
The tribunal further held that any claim under section 11 Employment Rights Act 1999 or section 146(1)(ba) Trade Union and Labour Relations (Consolidation) Act 1992 for refusal to permit trade union representation was out of time. It found that it had been reasonably practicable to present that claim within the time limit and refused to extend time to 12 December 2022.
For unlawful deductions from wages, the tribunal held that the claim relating to November to December 2020 was outside the three-month time limit and that it had been reasonably practicable to present it in time, so time would not be extended. As to alleged unlawful deductions for August 2022 to November 2022, the tribunal held that if the complaint was an ongoing or continuing act it was within time; if not, time would be extended to 12 December 2022. No remedy was awarded in this judgment, which was confined to jurisdiction and limitation issues.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The tribunal held it had no jurisdiction to hear the claimant's case for constructive unfair dismissal. | Other | — | — |
| Disability discrimination | The claim for perceived disability discrimination was presented outside the three-month time limit; the tribunal found there was no reasonable prospect of it being just and equitable to extend time. | Struck out | Disability | — |
| Trade union | Any claim under section 11 Employment Rights Act 1999 or section 146(1)(ba) TULRCA 1992 for refusal to permit trade union representation was presented outside the time limit; the tribunal found it was reasonably practicable to present the claim in time and refused to extend time to 12 December 2022. | Other | — | — |
| Unlawful deduction from wages | The unlawful deductions claim for November to December 2020 was held to be outside the three-month time limit and the tribunal found it was reasonably practicable to present it in time, so time was not extended to 12 December 2022. In relation to alleged unlawful deductions for August 2022 to November 2022, the tribunal held that if the matter was an ongoing or continuing act it was within the relevant time limit; if not, time would be extended to 12 December 2022. | Other | — | — |
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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