Mr R Vlahos v Mitchells and Butler Retail Litd: 2304404/2019
JUDGMENT
All claims are struck on grounds that they have no reasonable prospect of successREASONS
[1]By a claim form presented on 11 October 2019, the claimant brings claims of unlawful deduction of wages; holiday pay and notice pay[2]By a case management order 9 April 2020, Employment Judge Hargrove ordered the claimant to, by 1 May 2020 give reasons why her claims should not be struck out as having no reasonable prospect pursuant to rule 37 of the Employment Tribunal (constitution and rules of procedure) Regulations 2013. This was on grounds that, on the face of it, the claims had been presented 2½ years out of time.[3]On 28 April 2020, the claimant provided his response. Unfortunately, this did not deal with the matters he was specifically asked to address in Employment Judge Hargrove’s order, in particular why it was not reasonably practicable to present his claim in time.[6]In the circumstances, the claims are struck out for want of jurisdiction as they were presented out of time.