Mr C Duncan v Department for Environment, Food & Rural Affairs and others: 2303981/2022
JUDGMENT
[1]The unfair dismissal claim was lodged outside the statutory time limit. It was not reasonably practicable for the claim to have been presented within that time limit but the claim was not presented within such further period as was reasonable. This claim is therefore dismissed as the Tribunal has no jurisdiction to consider it.REASONS
There is no reasonable prospect of the original decision being varied or revoked, because the grounds on which the claimant seeks reconsideration were all considered at the hearing on 9 January 2024. At that hearing the claimant explained why he had not lodged his tribunal claim within the statutory time limit. That explanation was considered and taken into account in my judgment. There are no new grounds set out in his reconsideration application which would justify varying or revoking the decision. Employment Judge Carney Date: 12 February 2024 JUDGMENT SENT TO THE PARTIES ON 06th March 2024 FOR THE TRIBUNAL OFFICE Case No: 2303981/2022«case_no_year» 10.8 Reasons – rule 62(3) March 2017 EMPLOYMENT TRIBUNALS Claimant: Charles Duncan Respondent: Department for Environment, Food and Rural Affairs Heard at: London South (by CVP) On: 9 January 2024 Before: Employment Judge Carney Representation Claimant: In person Respondent: Mr S Maini-Thompson, counsel JUDGMENT having been sent to the parties on 26 January 2024 and written reasons having been requested in accordance with Rule 62(3) of the Employment Tribunals Rules of Procedure 2013, the following reasons are provided: REASONS Background to this request for reasons[1]The claimant emailed the tribunal on 15 January 2024, after the hearing but before the judgment was sent out on 26 January 2024, saying, “in relation to the above case which was heard on 9th January 2022 [sic] by Employment Judge Carney, please can I have documentation on their decision on my hearing. I wish to make an appeal on the decision and at the moment and taking legal advise on the matter”. It is not clear this was a request for written reasons, as it does not refer to reasons, and the email was not shown to me at the time.[2]The claimant made a request for reconsideration of my judgment on 19 January 2024, which was sent to me. I refused it because the claimant had not given any grounds for reconsideration, other than grounds which had already been raised and taken into account in the initial judgment. There were no new grounds set out in his reconsideration application which would justify varying or revoking my decision. The reconsideration decision was sent to the claimant on 6 March 2024.