Mr P Shepherd v Royal Mail Group Ltd: 3206659/2021
JUDGMENT
[1]In accordance with Rule 47 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 I decided to proceed with the hearing in the Claimant’s absence. I am satisfied that I have considered the relevant information available to me. I am aware that the reason for the Claimant’s absence is that he resides in Georgia and he does not have the required permission to give evidence to this tribunal from abroad.[2]I have read and heard submissions from the Respondent and seen the content of a 150-page Preliminary Hearing Bundle prepared by the Respondent a copy of which was also sent to the Claimant. I have seen the representations in the Claimant’s email dated 9 May 2023 timed at 22:13.[3]The complaint under section 47B Employment Rights Act 1996 that the Claimant has been subjected to detriment by any act or deliberate failure to act done by the Respondent on the ground that as a worker (as defined by section 43K) he made protected disclosures (sometimes called whistleblowing) is a claim which has been made outside the relevant time limit set out in section 48 (3) of the 1996 Act. Case Number: 3206659/2021 2[4]I am satisfied that it was reasonably practicable for the Claimant to have brought this complaint on time and that he has failed to do so. In all the circumstances the claim is struck out because a tribunal has no jurisdiction to hear it.[5]The Claimant says that he has two remaining claims against the Respondent consisting of unfair constructive dismissal and of unauthorised deductions from wages. In respect of both claims he has been sent a letter requiring him by 18 May 2023 to show just cause why those claims should not be struck out on the ground that the Respondent is and never was his employer and/or was not liable to pay his wages. Employment Judge B Elgot 10 May 2023 Case Number: 3206659/2021 1 EMPLOYMENT TRIBUNALS Claimant: Mr P. Shepherd Respondents:(1) Royal Mail Group Ltd(2) Angard Staffing Solutions Ltd. Heard at: East London Hearing Centre (in public, by CVP) On: 22 November 2023 Before: Employment Judge Massarella Representation Claimant: In person Respondent: Mr A. Burgess (paralegal)[1]the First Respondent’s application to strike out the Claimant’s claims, as against it, is refused;[2]the Claimant’s application to add Angard Staffing Solutions Ltd. as Second Respondent to the proceedings succeeds.