Mr P Bellis v Appreciate Group plc: 2409800/2020
JUDGMENT
[1]The claim form which was presented to the Tribunal on 16 August 2020, was presented more than 3 months following the effective date of termination of the claimant on 26 March 2020, having taken into account the early conciliation period from 12 May 2020 to 5 June 2020.[2]It was reasonably practicable for the claimant to present the complaint of unfair dismissal within the 3-month period provided under section 111(2)(a) of the Employment Rights Act 1996 and time will not be extended in accordance with section 111(2)(b) of the Act.[3]This means that the complaint of unfair dismissal was presented out of time. As a consequence, the Tribunal does not have jurisdiction to hear it and the complaint of unfair dismissal is dismissed.[4]It was just and equitable to extend time for the presentation of the complaint of age discrimination in accordance with section 123(1)(b) of the Equality Act 2010.[5]This means that the complaint of age discrimination was presented in time on 16 August 2020 and the complaint can be accepted and allowed to proceed. Case No: 2409800/2020