Mrs K Harnwell v Mid and South Essex NHS Foundation Trust: 3205418/2021

EMPLOYMENT TRIBUNALS

Case No 3205418/2021

Between

Mrs K HarnwellClaimant

Mid and South Essex NHS Foundation TrustRespondent

Before

Employment Judge John Crosfill

In person for claimant

Ms van den Burg (instructed by Counsel instructed by Capsticks LLP) for respondent

Date 21 February 2022

JUDGMENT

UPON the Claimant attending the hearing until the Judge was in the process of giving a reasoned judgment, AND UPON the judge putting the matter back on two (an hour in total) occasions in order that the Claimant could be assisted to re-join the hearing, AND UPON the judge determining that it was not in the interests of justice to list a further hearing for the purposes of giving judgment and deciding to proceed in the absence of the Claimant.

[1]The Claimant’s claim of unfair dismissal was not presented within the time limit imposed by Section 111 of the Employment Rights Act 1996 when it was reasonably practicable to do so. The Tribunal has no jurisdiction to entertain the complaint and it is struck out.

[2]The Claimant’s claims brought under the Equality Act 2010 were presented later than the time limit imposed by Section 123 of the Equality Act 2010 and it is not just and equitable to extend time. The Tribunal has no jurisdiction to entertain the Case Number: 3205418/2021 complaints and they are struck out.