Mr I Mussa v Al-Khair Foundation: 2600686/2021
JUDGMENT
[1]The complaints of ‘ordinary’ unfair dismissal, unfair dismissal for having made a protected disclosure, unfair dismissal for health and safety reasons, suffering a detriment for having made a protected disclosure and an unlawful deduction of wages were all presented out of time. It was reasonably practicable to present them in time. All those complaints are therefore struck out.[2]The issue of whether the complaints of disability discrimination and victimisation were presented out of time shall be determined at a Preliminary Hearing along with the issue of whether the Claimant was a disabled person on 25 and 26 July 2022.[3]The full merits hearing on 25 – 27 July 2022 is cancelled.[4]Case management orders in respect of the Preliminary Hearing are given separately.REASONS
The claimant has not complied with the Order of the Tribunal dated 11 February 2022 The claimant’s remaining claim(s) remains listed for a preliminary hearing on 25 and 26 July 2022. Employment Judge CLARK 7/3/2022 JUDGMENT SENT TO THE PARTIES ON ........................................................................ ........................................................................ FOR THE TRIBUNAL OFFICE Case No 2600686/2021 Page 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mr I Mussa Respondent: Al-Khair Foundation Heard at: Leicester Hearing Centre, 5a New Walk, Leicester, LE1 6TE By video link On: 23 May 2023 Before: Employment Judge Adkinson sitting alone Appearances For the claimant: In person For the respondent: Mr Sutton, Consultant JUDGMENT After hearing from the parties, it is the Tribunal’s judgment in relation to each and all claims for disability discrimination (all forms), for harassment related to disability and for victimisation that[1]each claim was presented out of time. It is not just and equitable to extend time. The Tribunal therefore lacks jurisdiction to hear and determine them, and so[2]Each and all claims are dismissed.