Case 3306551/2022 · Employment Tribunal
Mr G M Elenga v Fortis Care Limited Heard by CVP — 2023
- Case reference
- 3306551/2022
- Decision date
- 27 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge A Frazer Appearances
Parties
2 namedClaimant
Mr G M Elenga
Respondent
Key findings
Tribunal's reasoningThe case was heard by CVP on 27 January 2023 before Employment Judge A Frazer, with Mr G M Elenga appearing in person and Ms G McGrath for the respondent, Fortis Care Limited. The tribunal dealt with the claim as a preliminary time-limit issue rather than determining the merits of the employment claims.
The claimant's claims for unlawful deduction from wages and unfair dismissal were dismissed for lack of jurisdiction because they had been presented outside the three-month time limit. The tribunal found that it was reasonably practicable for those claims to have been presented in time.
The claimant's race discrimination claim was also dismissed for lack of jurisdiction because it was presented outside the three-month time limit. The tribunal found that it was not just and equitable to extend time for presentation. No remedy was awarded.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Dismissed for lack of jurisdiction because it was presented outside the three months' time limit; the tribunal found it was reasonably practicable to have presented it in time. | Dismissed | — | — |
| Unfair dismissal | Dismissed for lack of jurisdiction because it was presented outside the three months' time limit; the tribunal found it was reasonably practicable to have presented it in time. | Dismissed | — | — |
| Race discrimination | Dismissed for lack of jurisdiction because it was presented outside the three months' time limit; the tribunal found it was not just and equitable to extend time for presentation. | Dismissed | Race | — |
Legal tests applied
3 references- reasonably practicable
- just and equitable to extend time
- three months' time limit
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
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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