S Beckles v Tesco Stores Ltd: 2302136/2023
JUDGMENT
The claims are, for the reasons which follow, dismissedREASONS
[1]On 10 January 2024, a Notice and Order was sent to the Claimant (copied to the Respondent) stating that EJ Wright considered that the claim was outside the jurisdiction of the Tribunal and that it, as a result, had no reasonable prospect of success.[2]It was said that the allegations contained in the claim, the latest of which was given a date, in the ET1, of 21 June 2021, were manifestly out of time.[3]EJ Wright ordered that the claim would be dismissed on 16 February 2024 without further order unless before that date the Claimant had explained in writing why it should not be (my emphasis added).[4]By an email dated 16 February [2024] at 11:17, the Claimant responded to the Order. I find that an email sent on 16 February could not comply with the Order to respond before 16 February. It was, as a matter of fact, out of time.[5]That is sufficient for me to say that the Order of EJ Wright, that the claims are dismissed as of 16 February 2024, has activated.[6]I am reinforced in this finding by the content of the email received from the Claimant on 16 February. In it she raises matters from March 2010, August 2010, January 2011, January 2012. None of which would provide a good basis to say that the claim was in time.[7]She goes on to raise matters from January 2022, February 2022, June 2022, July 2022, May 2023, October 2023 and February 2024. None of which were foreshadowed or mentioned in her ET1. The latter two were matters that have occurred after the claim was lodged in any event.[8]In all, I cannot see any valid justification or explanation from the Claimant which would properly enable me to consider any exercise of discretion to extend the time limit for bringing the claims. Judge M Aspinall Wednesday, 27th March 2024 2303696-2023 Miss Sharna Beckles -v- Tesco Stores Limited - 27-03-2024 Judgment Page 1 of 1