Miss T Brown v Swansea Mind: 1600301/2022

EMPLOYMENT TRIBUNALS
Case No 1600301/2022
Miss T BrownClaimantSwansea MindRespondent
Employment Judge S PoveyMR JOHNS (instructed by COUNSEL) for claimantMR ISLAM-CHOUDHURY (instructed by COUNSEL) for respondentDate 15 May 2023

JUDGMENT

[1]The claim of automatic unfair dismissal (contrary to section 100(1)(e) of the Employment Rights Act 1996) was not presented to the Tribunal before the end of the period of three months (subject to section 207B of the ERA) beginning with the effective date of termination.[2]It was reasonably practicable for the claim of automatic unfair dismissal (contrary to section 100(1)(e) of the Employment Rights Act 1996) to be presented before the end of the period of three months (subject to section 207B of the ERA) beginning with the effective date of termination.[3]As such, and by reason of section 111(2) of the Employment Rights Act 1996, the Tribunal cannot consider the claim of automatic unfair dismissal (contrary to section 100(1)(e) of the Employment Rights Act 1996), it has no reasonable prospects of success and it is hereby struck out.[4]The claim of unlawful deduction from wages (contrary to section 13 of the Employment Rights Act 1996) was not presented to the Tribunal before the end of the period of three months (subject to section 207B - 1 - Case No: 1600301/2022 of the ERA) beginning with the date of payment of the wages from which the deduction was made.[5]It was reasonably practicable for the claim of unlawful deduction from wages (contrary to section 13 of the Employment Rights Act 1996) to be presented before the end of the period of three months (subject to section 207B of the ERA) beginning with the date of payment of the wages from which the deduction was made.[6]As such, and by reason of section 23(2) of the Employment Rights Act 1996, the Tribunal cannot consider the claim of unlawful deduction from wages (contrary to section 13 of the Employment Rights Act 1996), it has no reasonable prospects of success and it is hereby struck out.