H Jammeh v CH & Co: 3200981/2022
JUDGMENT
[1]The Claimant’s claim of unfair dismissal was presented outside the 3- month time limit set out in s111(2)(a) of the Employment Rights Act 1996 in circumstances where the Claimant has failed to establish it was not reasonably practicable to present it within the time limit and that it was presented within such further period as was reasonable, within the meaning of s111(2)(b). The Tribunal therefore has no jurisdiction to hear the claim and it is dismissed.[2]The Claimant’s claim of “assault”, which the Claimant intended to be a claim for harassment under the Protection from Harassment Act 1997, is withdrawn. The Tribunal did not in any event have jurisdiction to hear such a claim. The Claimant indicated she may wish to pursue it in the civil courts. As such, although withdrawn, the claim is not dismissed.[3]The Claimant’s application, made on 2nd June 2022, to amend the Claim Form to include claims of wrongful dismissal and unlawful deduction of wages in respect of accrued holiday pay is refused.