Mrs S Miller v Royal Mail Group Ltd: 2400213/2024
JUDGMENT
This has been a remote hearing which has been consented to by the parties. The form of remote hearing was by a video hearing through HMCTS Cloud Video Platform. A face-to-face hearing was not held because the relevant matters could be determined in this video hearing. The Judgment of the Employment Tribunal is that:[1]The Employment Tribunal does not have jurisdiction to hear the claimant’s claim because she did not have and/or could not produce a relevant ACAS Early Conciliation Certificate at the time that she issued proceedings, pursuant to s18A Employment Tribunal Act 1996 and rules 10(1)(c) and 12(1)(c) of the Employment Tribunal Rules of Procedure 2013.[2]In addition, the claimant’s claim of unfair dismissal, under s94 Employment Rights Act 1996, was presented outside the time limit contained in s111 Employment Rights Act 1996 and it was reasonably practicable for the claimant’s claim to be presented both within the appropriate time limit and within such further period as the Tribunal considered reasonable. Consequent, the claimant’s claim is also out of time.[3]Proceedings are now struck out. Case Number: 2400213/2024 V