Mr C Holt and Mrs J Holt v R & M Gaskarth: 2413699/2020 and 2413700/2020
JUDGMENT
[1]On the unopposed application of the respondent, Samuel Smiths Old Brewery is dismissed as a respondent to these proceedings and R & M Gaskarth is substituted therefor.[2]The claimants’ complaints of unfair dismissal are dismissed. The Effective Date of Termination of the claimants’ employment was 14 May 2020. The Tribunal, having determined that the claimants lodged their complaints out of time and not being satisfied that it was not reasonably practicable to lodge them in time, has no jurisdiction to hear the complaints.[3]The claimants’ complaints of breach of contract are dismissed. The Effective Date of Termination of the claimants’ employment was 14 May 2020. The Tribunal, having determined that the claimants lodged their complaints out of time and not being satisfied that it was not reasonably practicable to lodge them in time, has no jurisdiction to hear the complaints. Background[4]The claimants have presented claims for unfair dismissal and breach of contract. The respondent resists the claims on the merits and also on the ground that they are time barred in circumstances where they were 10.2 Judgment - rule 61 February Case No: 2413699/2020 and 2413700/2020 presented out of time and it would have been reasonably practicable for the claimant to have presented them in time. The claimants maintained that the effective date of Termination of their employment was 30 or 31 May 2020. The respondent maintained the EDT was 14 May 2020.[5]A public preliminary hearing took place remotely by video conferencing. The parties did not object to this format. A face-to-face hearing was not held because of the Covid 19 pandemic and issues were capable of determination by a remote hearing. Mrs Holt did not attend but was represented by her husband and fellow claimant, Mr Holt. Employment Judge Murphy (Scotland), acting as an