M Kaur v TSB Bank plc: 1404473/2020
JUDGMENT
[1]Pursuant to Rule 71, the Tribunal has reconsidered the Tribunal’s decision dated 18 December 2021. Following Pryce v Baxterstorey Limited [2022 EAT 61]:a. The Tribunal does not have jurisdiction to hear the claim as there had been no EC Certificate on issue and that it was not possible to remedy that with an after the event certificate.b. The email enclosing the certificate could not be deemed a representation since Rule 8(1) specifies the only way of instituting a claim is by sending a completed ET1 to the Tribunal and that provision could not be waived, otherwise it would undermine the express provision of section 18A (8) ETA. In the alternative:[2]The Claimant’s claim in respect of unfair dismissal is dismissed by way of withdrawal.[3]The Claimant’s claims of discrimination are dismissed as the Tribunal does not have jurisdiction to hear the claims. The claims were presented to the Tribunal outside the time limit in section 123 Equality Act 2010 and it was not just and equitable to extend the time limit to allow the claims to proceed (section 123(1)(b) Equality Act 2010). Case Number: 1404473/2020