Mr F Gnanajeyarajah v Wemmis Ltd and others: 2305770/2020
JUDGMENT
[1]The claim is dismissed against all Respondents as the Employment Tribunal does not have jurisdiction, the claim having been brought out of time.REASONS
[1]The Claimant brought this claim for unauthorised deduction of wages on 28 September 2020. However, his employment ended on 6 May 2019, so the claim was brought very significantly out of time. As a result, this Preliminary Hearing was listed to consider the issue of the tribunal’s jurisdiction to hear the claim. The Claimant was also ordered to provide a witness statement on why his claim was not brought in time by 2 November 2022.[2]The Claimant did not attend this video hearing. He did not contact the tribunal or the Respondents beforehand to explain why he might not be attending. In 10.7 Judgment with reasons – rule 62 March 2017 Case No: 2305770/2020 addition he did not provide a witness statement, as had been directed.[3]The tribunal decided to continue in his absence, satisfied that he was aware of the hearing, particularly as he had been sent the hearing bundle by the Second Respondent and had been chased for his witness statement by both the First and Second Respondent.[4]The burden is on a claimant to show why it was not reasonably practicable to bring a claim in time and plainly the Claimant has failed to do that, just as he has failed to comply with the tribunal’s order.[5]In those circumstances, the claim is dismissed against all Respondents as the tribunal does not have jurisdiction, the claim having been brought out of time