Case 3206659/2021 · Employment Tribunal
Mr Paul Shepherd v Royal Mail Group Limited — 2023
- Case reference
- 3206659/2021
- Decision date
- 10 May 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge B Elgot Representation
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
Mr Paul Shepherd
Respondent
Key findings
Tribunal's reasoningThe claimant did not attend and was not represented. The tribunal proceeded in his absence under Rule 47, noting that he resided in Georgia and did not have the required permission to give evidence to the tribunal from abroad. The tribunal considered the information available, including the respondent's submissions, a 150-page preliminary hearing bundle, and the claimant's email of 9 May 2023.
The tribunal found that the claimant's complaint under section 47B Employment Rights Act 1996, alleging detriment on the ground that he had made protected disclosures, was brought outside the relevant time limit in section 48(3). It was satisfied that it had been reasonably practicable for the claimant to bring the complaint in time and that he had failed to do so, so the claim was struck out for lack of jurisdiction.
The judgment records that the claimant said he had two remaining claims, described as unfair constructive dismissal and unauthorised deductions from wages. Those claims were not determined in this judgment; the claimant had been sent a letter requiring him by 18 May 2023 to show cause why they should not be struck out on the stated grounds concerning whether the respondent was his employer or liable to pay his wages.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | The complaint under section 47B Employment Rights Act 1996 was struck out because it was brought outside the time limit in section 48(3), the tribunal found it was reasonably practicable to bring it in time, and the tribunal had no jurisdiction to hear it. | Struck out | — | — |
Legal tests applied
5 references- Rule 47 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- section 47B Employment Rights Act 1996
- section 43K Employment Rights Act 1996
- section 48(3) Employment Rights Act 1996
- reasonably practicable
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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