Mr N Sibanda v Ellesmere Youth Project: 1803668/2019

EMPLOYMENT TRIBUNALS
Case No 1803668/2019
No attendance or representationClaimantEllesmere Youth ProjectRespondent
Employment Judge BrainNot represented for claimantMr P Morgan (instructed by Counsel) for respondentDate 19 December 2019

JUDGMENT

Upon the Tribunal having read the claimant’s application for an adjournment dated 2 December 2019 and upon the Employment Tribunal having read the claimant’s witness statement of fact dated 5 July 2019 and upon the Tribunal having received evidence from Miss Abtisan Mohammed on behalf of the respondent in the form of a witness statement dated 12 November 2019 the Judgment of the Employment Tribunal is:[1]The claimant’s application for an adjournment of today’s hearing is refused.[2]Taking the claimant’s case at its highest, upon the basis that the effective date of termination of the claimant’s contract of employment was 5 March 2019 (being six weeks from 23 January 2019, that being the day after the service of notice of termination upon 22 January 2019) the claimant’s claims were presented to the Employment Tribunal outside of the limitation periods provided for by the relevant legislation. The limitation periods expired in this case upon Case No: 1803668/2019 4 July 2019. The claimant presented his complaints upon 5 July 2019 in circumstances in which it was reasonably practicable to have presented the claims in time. Accordingly, the Tribunal has no jurisdiction to consider the complaints.