Mr N Beddis v Advanced Hair Studios Group Ltd: 2206941/2020
JUDGMENT
[1]The correct name of the Respondents is Advanced Hair Studios Group Limited.[2]The Claimant had failed to comply with the requirements of section 18A of the Employment Tribunals Act 1996 before he presented his claim on 30 October 2020.[3]The Claimant’s claim is rejected.[4]On reconsideration of the rejection the Tribunal finds that the original rejection was correct.[5]The Claimant’s application to amend the rejected claim to include ACAS Early Conciliation certificate number R212737/20/47 is granted. The Claimant’s claim shall be treated as presented on 11 March 2021. Case Number: 2206941/2020 (V)[6]The Tribunal does not have jurisdiction to consider the Claimant’s claim because:a. it was presented outside the three months’ time limit,b. it was not presented within a reasonable period thereafter, andc. it was reasonably practicable for the Claimant to present the claim within the three months’ time limit.[7]For this reason, the Claimant’s claim is struck out.[8]The Tribunal does not have jurisdiction to consider the Respondent’s counterclaim under section 4 of the Employment Tribunals Extension of Jurisdiction Order 1994 (“Order”) because the Tribunal does not have jurisdiction to consider the Claimant’s claim brought by virtue of the Order, and therefore there are no proceedings before the Tribunal. For this reason, the Respondent’s counterclaim is struck out.