Mr Samater Osman v Royal Mail Group Ltd: 3303481/2019
JUDGMENT
[1]It is not in dispute that the claimant’s claim for unfair dismissal and wrongful dismissal has not been presented to the tribunal within the requisite period of three months beginning with the effective date of termination.[2]It was reasonably practicable for the claimant to have presented his claims to the tribunal within the requisite period of three months beginning with the effective date of termination.[3]The tribunal accordingly does not have Jurisdiction to entertain the claimant’s claim of unfair dismissal or wrongful dismissal, pursuant to s111 of the Employment Rights Act 1996.[4]On the claimant’s complaints for discrimination on the protected characteristic of race and victimisation, in respect of the claimant’s dismissal and delay in his Appeal, being part of a series of acts, for which the last act in the series of acts has been presented to the tribunal in time, the tribunal is satisfied that the claimant’s complaints for discrimination on the protected characteristic of race and victimisation, have been presented to the tribunal within the requisite time period, pursuant to s123 of the Equality Act 2010,[5]The tribunal accordingly has Jurisdiction to entertain the claimant’s complaint for discrimination on the protected characteristic of race and victimisation, in respect of the claimant’s dismissal and delay in his Appeal. ph judgment + cm Nov 2014 wip version Case Number: 3303481/2019 Consolidation of claims[6]The claimant’s claim number 3304713/2018 is hereby consolidated to be heard together with the claimant’s present claim number 3303481/2019. Note: Reasons for the decision having been given orally at the hearing, written reasons will not be provided unless a written request is received from either party within 14 days of the sending of this record of the decision.