Mr G Dasaolu v Leeds and York Partnership NHS Foundation Trust: 1801100/2017 and 1801945/2017
JUDGMENT
[1]The claims of unfair dismissal, unlawful deduction from wages and failure to provide written reasons for dismissal were not presented within 3 months of the date of termination, namely 7th December 2015, although it was reasaonbly practicable to have done so. These claims are dismissed because they are out of time.[2]The claims of direct discrimination because of race have no reasonable prospect of success and are struck out.[3]The claims of direct discrimination up to and including the date of the dismissal are in any event out of time and it would not be just and equitable to extend the time for presentation of those claims.[4]Only the claims of post employment victimisation may proceed to a final hearing. These claims are subject to a separate deposit order. Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a written request is presented by either party within 14 days of the sending of this written record of the decision.REASONS
[1]The claimant was ordered to pay a deposit of £200.00 following a preliminary hearing held on 12 March 2018. The Deposit Order was sent to the claimant on 15 March 2018.The claimant has failed to pay this deposit. The claim is therefore struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.[2]The hearing fixed for 28 June 2018 will not take place.