Mr M Dabbs v Walsall NHS Trust: 1300243/2020
JUDGMENT
[1]The claimant’s application to amend his claim form to include a claim for constructive unfair dismissal is granted, as it is just, fair and proportionate to do so.[2]The claimant’s employment with the respondent came to an end with his resignation by letter delivered to the respondent on 27 August 2019; but only opened by the respondent on 30 August 2019. The effective date of termination of the contract of employment was on 30 August 2019.[3]The claimant’s claims for both unfair dismissal and constructive unfair dismissal were out of time when the claim form was presented to the tribunal office on 18 January 2020. The claimant failed to demonstrate to me on the balance of probabilities that it was not reasonably practicable for him to have presented his complaint to the tribunal before the end of the period of 3 months Case Number 1300243/2020 from the effective date of termination of his contract of employment. I do not extend the time. Therefore, the tribunal has no jurisdiction to hear the claimant’s claims and they are dismissed. Employment Judge Dimbylow 22 December 2020 Note: Reasons for the judgement having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing (and no such request was made) or a written request is presented by either party within 14 days of the sending of this written record of the decision.