Mr J Mellon v Swissport GB Ltd: 2405278/2019
JUDGMENT
[1]The tribunal has no jurisdiction to consider the claimant’s complaint of unfair dismissal. The claim was presented after the expiry of the statutory time limit and it was reasonably practicable to present it before the time limit expired.[2]The tribunal has jurisdiction to consider the claimant’s complaints of disability discrimination, so far as they relate to any alleged act of discrimination that was done, or must be treated as having been done, on 8 January 2019. Although the claim was presented after the expiry of the statutory time limit, it is just and equitable for the time limit to be extended by 3 days.[3]In relation to any alleged act of discrimination that was done before 8 January 2019, the tribunal will determine at the final hearing: 3.1. Whether or not that act was part of an act extending over a period which ended on 8 January 2019; and 3.2. If not, whether or not it would be just and equitable to grant a further extension of time. Case no. 2405278/2019 2 _____________________________ Employment Judge Horne 23 October 2019 SENT TO THE PARTIES ON 15 November 2019 FOR THE TRIBUNAL OFFICE Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party makes a request in writing within 14 days of the date on which this judgment is sent to the parties. If written reasons are provided, they will be entered onto the tribunal’s online register, which is visible to internet searches. Case No:2405278/2019 EMPLOYMENT TRIBUNALS Claimant: Mr J Mellon Respondent: Swissport GB LimitedREASONS
[1]By a letter dated 21 February 2020 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because• the claimant had not complied with the Order of the Tribunal dated 23 October 2019.• it has not been actively pursued.[2]The claimant has failed to make representations in writing, why this should not be done or to request a hearing. The claim is therefore struck out.[3]The hearing fixed for 6, 7, 8, 9 and 10 July 2020 will not take place.