Mr P Parlby v Crossroads Care Cheshire, Manchester and Merseyside Ltd: 1305643/2022
JUDGMENT
[1]The Employment Tribunal does not have jurisdiction to hear Mr Parlby’s claim of constructive unfair dismissal and his claim for a redundancy payment. Although it was not reasonably practicable for the Claimant to present his ET1 claim form within the time limit, he failed to present his claim within a reasonable further period.[2]Accordingly, Mr Parlby’s claim of constructive unfair dismissal under s.94 Employment Rights Act 1996 is dismissed as the Tribunal does not have jurisdiction to hear it. Mr Parlby’s claim for a redundancy payment under s.135 Employment Rights Act 1996 is also dismissed as the Tribunal does not have jurisdiction to hear it.[3]The Employment Tribunal does have jurisdiction to hear Mr Parlby’s claims of disability discrimination under the Equality Act 2020. This is because it is just and equitable to extend time to hear these claims. Tribunal Judge Overton 13 April 2023 Claim No. 1305643/2022 Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.