Miss R M Veszeli v Travelodge Hotels Ltd: 3202358/2023
JUDGMENT
[1]The Claimant’s complaint of unfair dismissal (pursuant to section 100 and/or section 103A of the Employment Rights Act 1996) is dismissed because it was presented to the Tribunal outside the statutory time limit, in circumstances when it was reasonably practicable to present the complaint within time, pursuant to Section 111(2) of the Employment Rights Act 1996.[2]The Claimant’s complaint that she was subjected to a detriment in her employment on the ground that she made a protected disclosure (pursuant to s47B of the Employment Rights Act 1996) is dismissed because it was presented to the Tribunal outside the statutory time limit, in circumstances when it was reasonably practicable to present the complaint within time, pursuant to Section 48(3) of the Employment Rights Act 1996. Case Number: 3202358/2023 Employment Judge Suzanne Palmer 21 June 2024 Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case No: 3202358/2023 EMPLOYMENT TRIBUNALS Claimant: Miss R M Veszeli Respondent: Travelodge Hotels LtdREASONS
There is no reasonable prospect of the original decision being varied or revoked, because[1]The application does not provide any new evidence in relation to the sole issue which was determined at the hearing, namely whether it was reasonably practicable for Miss Veszeli’s claim to be presented within the statutory limitation period and, if not, whether it was presented within such further time as was reasonable.[2]If there have been further alleged acts against other Claimants who remain in the employment of the Respondent, those matters can be pursued in respect of the ongoing claims brought by those Claimants. These do not have any bearing on the outcome of the hearing on 21 June 2024.[3]The judgment does not prevent the Claimant from pursuing any rights she may have in respect of personal injury by way of civil proceedings, if so advised.[4]The application is seeking to go behind the decisions taken on 21 June 2024 and at the previous preliminary hearing on 20 May 2024, and many of the points raised in the documents provided by the Claimant have already been considered at one or both of those hearings, in so far as they were relevant.[5]Issues between the parties in relation to the exchange of documents in July 2024 can only relate to the separate ongoing proceedings brought by the Claimant’s two former colleagues, as the Claimant’s claims have been dismissed. They have no bearing on the outcome of the hearing on 21 June 2024 in relation to this claim.[6]The Claimant did not raise any issue at the hearing in relation to the 53 page bundle provided for the hearing. In any event, most of the documents were either Tribunal correspondence or sick notes, which would have been familiar to the Claimant. Case No: 3202358/2023[7]The Claimant’s representative confirmed at the outset of the hearing that she was well aware of the issue which was to be determined at the hearing on 21 June 2024. She agreed to the procedure adopted, which was for the Claimant to provide oral evidence at the hearing (through an interpreter), having failed to provide a witness statement as ordered on 20 May 2024.[8]The Claimant’s claim was dismissed for reasons given to the parties orally at the hearing. It was not because “her testimony against Walthamstow Travelodge contains damning evidence”, but was because her claim was not presented within the statutory time limits despite it being reasonably practicable for it to have been so presented.