Case 3200634/2019 · Employment Tribunal
Mr J Dutson v Total Security Services Limited — 2019
- Case reference
- 3200634/2019
- Decision date
- 16 September 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ross
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
Mr J Dutson
Respondent
Key findings
Tribunal's reasoningMr J Dutson’s ET1 was treated as a single complaint of unfair dismissal. Employment Judge Ross noted that the claim was first presented on 19 March 2019 without an early conciliation certificate, was then returned, and was presented again on 1 May 2019 after ACAS early conciliation had run from 25 March 2019 to 29 March 2019.
Applying section 111 and section 207A of the Employment Rights Act 1996, the tribunal accepted the pleaded termination date of 4 January 2019 and calculated that the limitation date was 29 April 2019. The tribunal found that the claim presented on 1 May 2019 was two days late. It also found that the claimant had filed no evidence and gave no explanation for why it was not reasonably practicable to present the claim within time.
The tribunal noted that the ET1 did not allege disability discrimination and did not allege unlawful deduction of wages. On that basis, and because there was no explanation for the late presentation, it held that it had no jurisdiction to consider the unfair dismissal complaint and that the claim was struck out.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal treated the ET1 as a single unfair dismissal complaint. It held the claim was presented on 1 May 2019, two days outside the three-month limitation period ending on 29 April 2019 after early conciliation, and found no evidence that it was not reasonably practicable to present the claim in time. It therefore found no jurisdiction to consider the complaint and struck the claim out. | Struck out | — | — |
Legal tests applied
3 references- section 111 Employment Rights Act 1996
- section 207A Employment Rights Act 1996
- reasonably practicable test
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.
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