Case 3320579/2021 · Employment Tribunal
Mr El-Hadj Haouari v Royal Mail Group Limited — 2022
- Case reference
- 3320579/2021
- Decision date
- 12 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dick Representation
Parties
2 namedClaimant
Mr El-Hadj Haouari
Respondent
Key findings
Tribunal's reasoningThe Tribunal considered at a preliminary hearing whether it had jurisdiction to hear the Claimant's unfair dismissal claim. The Claimant presented the claim on 15 September 2021. Although the Respondent treated 23 July 2020 as the last day of service, the Tribunal accepted that the Claimant had not received a dismissal letter and found that the decision to dismiss had been communicated to him by 2 August 2020. The Tribunal therefore found that the effective date of termination was 2 August 2020.
On that basis, the claim should have been presented by 1 November 2020 and was presented about ten months late. The Tribunal found that it was reasonably practicable for the Claimant to have presented the claim in time. It held that waiting for the outcome or reasons from the internal appeal process did not, by itself, mean the time limit could be extended.
The Tribunal also stated that, even if it was wrong about practicability within three months of 2 August 2020, the Claimant had received the first appeal outcome letter dated 19 January 2021 and still did not present the claim until September 2021. The claim was dismissed for want of jurisdiction.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The unfair dismissal claim was dismissed because it was presented out of time and the Tribunal found it had no jurisdiction to hear it. | Dismissed | — | — |
Legal tests applied
11 references- s.111(2) Employment Rights Act 1996
- s.207B(3) Employment Rights Act 1996
- s.97(1) Employment Rights Act 1996
- s.97(2) Employment Rights Act 1996
- J Sainsbury Ltd v Savage 1981 ICR 1
- West Midlands Co-operative Society Ltd v Tipton 1986 ICR 192
- Dedman v British Building and Engineering Appliances Ltd 1974 ICR 53
- Bodha v Hampshire Area Health Authority 1982 ICR 200
- Palmer and anor v Southend-on-Sea Borough Council 1984 ICR 372
- Marks & Spencer plc v Williams-Ryan [2005] EWCA Civ 470
- Gisda Cyf v Barratt [2010] UKSC 41
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.