J Penalva v Atlas Teachers: 2209272/2023
JUDGMENT
[1]The claim of unfair dismissal was presented out of time, and it was reasonably practicable for the Claimant to have presented it in time under s.111 of the Employment Rights Act 1996. Therefore the Tribunal does not have jurisdiction to hear the claim, and therefore the claim is dismissed. EJ David Bunting 17 August 2023 17/08/2023 ……...…………………….. PHCM Order (NEW August 2020) 1 of 1 August 2020[1]This case was listed for a preliminary hearing 17 August 2023 in relation to the claimant’s claim for unfair dismissal, and to consider whether it was presented out of time. Judgment was given that the case was out of time. Written reasons were subsequently requested, which were provided.[2]Subsequently, directions were issued to both parties inviting submissions as to whether there should be a reconsideration for the reasons previously given. The deadline was set for 12 October 2023.[3]To date, nothing has been received from the claimant or respondent on this point (although there has been correspondence on other points).[4]Having considered the case again, including the fact that the claimant has had full opportunity to put forward any medical or other evidence in support of his case that time should be extended, it is not considered that an oral hearing is needed, and that no direction for reconsideration is made and the original decision is confirmed. PHCM Order (NEW August 2020) 1 of 2 August 2020 Case Number: 2209272/23