Mr A Smith v Fluorsid British Fluorspar Ltd: 2415699/2020

EMPLOYMENT TRIBUNALS

Case No 2415699/2020

Between

Mr A SmithClaimant

Fluorsid British Fluorspar LtdRespondent

Before

Employment Judge Johnson

Mr M Rudd (instructed by counsel) for respondent

Date 29 June 2021

JUDGMENT

[1]The complaints brought by the claimant were presented more than 3 months after the date of the relevant detriment in April 2020 and/or the effective date of termination on 29 or 30 June 2020, contrary to ss 48(3) and 111(2) Employment Rights Act 1996 respectively.

[2]It was reasonably practicable for the claimant to present these complaints before the expiry of the normal 3 month limitation period and accordingly time should not be extended to 7 October 2020 when the claimant first notified ACAS of a potential claim as part of early conciliation.

[3]The claimant’s claim is therefore dismissed as the Tribunal has no jurisdiction to hear his complaints.

[4]The final hearing listed to take place on 9, 10 and 11 February 2022, will now be vacated. Case No: 2415699/2020