Case 3200137/2021 · Employment Tribunal
Claimant v Phatty v Extraman Ltd and Britvic Soft Drinks Ltd — 2022
- Case reference
- 3200137/2021
- Decision date
- 14 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge B Elgot Representation
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningThis was a preliminary hearing held remotely by Cloud Video Platform on 8 June 2022 before Employment Judge B Elgot. The Tribunal dealt with limitation issues rather than finally determining the substantive claims. The unfair dismissal claim against the Second Respondent, Britvic Soft Drinks Limited, was dismissed because it was presented outside the time limit in section 111 Employment Rights Act 1996.
The Tribunal recorded that it was not satisfied that it was not reasonably practicable for the Claimant to present that unfair dismissal claim within the primary three-month time limit under section 111(2)(a) ERA 1996. On that basis, the Tribunal held that it had no jurisdiction to hear the unfair dismissal claim against the Second Respondent.
The Tribunal also extended time for the Claimant's complaints of race discrimination, including victimisation, against the Second Respondent to 29 August 2021 and permitted those claims to continue. The unfair dismissal and race discrimination claims against the First Respondent, and the race discrimination claim against the Second Respondent, were listed to be heard at a final in-person hearing in January 2023. No monetary remedy was awarded at this stage.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed at preliminary hearing because the Tribunal had no jurisdiction to hear the claim; it was presented outside the time limit in section 111 Employment Rights Act 1996, and the Tribunal was not satisfied that it was not reasonably practicable for the Claimant to present it within the primary three-month limit under section 111(2)(a). | Dismissed | — | — |
Legal tests applied
2 references- section 111 Employment Rights Act 1996
- section 111(2)(a) Employment Rights Act 1996
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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