Mr G Julian v Yorkshire Ambulance Service NHS Trust: 1808046/2025
REASONS
JUDGMENT The decision of the Employment Tribunal is that:[1]The correct name of the Respondent is Yorkshire Ambulance Service NHS Trust.[2]The Claimant’s application to amend his claim is refused. 1 of 4 All the Claimant’s claims are dismissed.[4]The Tribunal finds that all claims were presented out of time.[5]In any event, and in the alternative, all claims are struck out on the basis that they have no reasonable prospect of success. SUMMARY REASONSIntroduction
[1]The Claimant resigned on 13 May 2025, giving notice which expired on 30 June 2025, which was his effective date of termination (EDT).[2]He presented claims of ‘ordinary’ unfair dismissal, automatic unfair dismissal on the grounds that he made protected disclosures, and detriment short of dismissal on the grounds that he made protected disclosures.[3]The Respondent resists the claims in their entirety. Amendment[4]The Claimant’s application to amend his claim is refused. I find that the claimant was aware of all the matters he sought to add to his claim at the time that he presented his ET1, with the exception of the allegation relating to the outcome of the disciplinary hearing on 24 October 2025, and the prejudice was greater on the Respondent if I granted the application than it was to the Claimant by refusing the application. Time Limits[5]The effective date of termination was 30 June 2025.[6]The claim was presented on 20 November 2025.[7]The burden of proof is on the Claimant to show that it was not reasonably practicable to present the claims in time.[8]The claims for constructive unfair dismissal (ordinary and automatically unfair) were therefore presented outside the primary limitation period.[9]The detriment complaints (not including those that I refused to allow to be added to the claim) were also presented outside the applicable time limits.[10]I carefully considered the Claimant’s explanations. Having regard to all the circumstances, I find that it was reasonably practicable for the Claimant to present his claims within time. He started ACAS EC on 5 June 2025, after he had given his notice, and was advised by ACAS about time limits. He presented no evidence that his medial condition at the time prevented him from presenting his ET1 in time.[11]Further, the claims were not presented within such further period as the Tribunal considers reasonable.[12]Accordingly, the Tribunal has no jurisdiction to consider the claims, which are dismissed. 2 of 4 Reasonable Prospects[13]In the alternative, the Tribunal considered whether the claims have any reasonable prospect of success.[14]The Tribunal adopts and accepts the submissions made on behalf of the Respondent in its Preliminary Hearing Submissions.[15]For the reasons set out in those submissions, the claims face insuperable difficulties, including in relation to limitation, causation and the essential elements of constructive dismissal.[16]I particularly note that the claimant sought to revoke his resignation on 16 May 2025, which appears to be an act of affirmation of the contract. The claimant also gave more than the onemonth notice period that he was contractually required to give, which is another affirmation (see Cockram v Air Products plc [2014] UKEAT/0038/14)[17]The Tribunal is satisfied that the claims have no reasonable prospect of success.[18]Accordingly, and in the alternative, the claims are struck out pursuant to the Tribunal’s powers. Approved by Employment Judge Shore 9 June 2026 Recordings and Transcription Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not 3 of 4 include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved, or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here: https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislationpractice-directions/" Summary Reasons These summary reasons were given pursuant to Rules 60(4A) and (4B) of the Employment Tribunal Procedure Rules 2024. The Employment Judge announced that the reasons given were summary reasons at the hearing and that full written reasons would not be provided unless requested by any party at the hearing or by a written request received by the Tribunal within 14 days of the sending of the written record of the decision. 4 of 4