Mr A Chowdhury v Bayleaf 2020 Ltd: 1805830/2020

EMPLOYMENT TRIBUNALS
Case No 1805830/2020
Mr A ChowdhuryClaimantBayleaf 2020 LtdRespondent
Employment Judge BrainIn person for claimantMr A Habib (instructed by Solicitor) for respondentDate 25 January 2022

JUDGMENT

UPON the claimant having brought complaints of: express or constructive unfair dismissal; express or constructive wrongful dismissal; and that he suffered an unauthorised deduction from his wages; and UPON the Tribunal having determined that the effective date of termination of the contract of employment was no later than 30 May 2020, the Judgment of the Employment Tribunal is that:[1]The complaints were presented outside the relevant limitation periods in circumstances in which it was reasonably practicable for them to have been presented within those limitation periods.[2]Accordingly, the Tribunal has no jurisdiction to consider the claimant’s complaints which stand dismissed.[3]In the alternative, if the claimant resigned only on or around 16 October 2020, then by reason of affirmation of the contract his constructive dismissal claims fail in any event. Case No: 1805830/2020[4]In the further alternative, no wages are properly payable from the respondent to the claimant after 31 March 2020.