Case 3319432/2019 · Employment Tribunal
In person For the v Respondent — 2021
- Case reference
- 3319432/2019
- Decision date
- 7 October 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Andrew Clarke
- Panel members
- Mrs Indu Sood, Mr Neil Boustred
Parties
1 namedClaimant
In person For the
Respondent
- —
Key findings
Tribunal's reasoningThe case was heard remotely before Employment Judge Andrew Clarke QC with lay members Mrs Indu Sood and Mr Neil Boustred. The tribunal dismissed the claimant’s constructive unfair dismissal claim and dismissed the direct race discrimination claim.
The tribunal also dealt with two other pleaded matters on jurisdictional grounds. It held that it lacked jurisdiction to hear the unlawful deduction from wages claim because the claim had not been presented within the primary limitation period and the tribunal decided it was reasonably practicable to have presented it within that period.
It further held that it lacked jurisdiction to hear the claim for damages for breach of contract, or sums outstanding at termination, because the claimant had not obtained an Early Conciliation Certificate in respect of that claim under the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994. No monetary award was made.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The judgment refers to the claim as constructive unfair dismissal. | Dismissed | — | — |
| Race discrimination | Direct race discrimination claim dismissed. | Dismissed | Race | — |
| Unlawful deduction from wages | The Tribunal held it lacked jurisdiction because the claim was not presented within the primary limitation period and it was not reasonably practicable to present it in time. | Other | — | — |
| Breach of contract | The Tribunal held it lacked jurisdiction to hear the damages for breach of contract / sums outstanding claim because the claimant had not obtained an Early Conciliation Certificate for that claim under the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994. | Other | — | — |
Legal tests applied
3 references- reasonably practicable
- primary limitation period
- Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994
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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