Mr M Kunbus v Damasgate Wholesale Ltd: 3331437/2018 and 3333905/2018
JUDGMENT
[1]The form ET1 filed on 19 July 2018, did not contain a claim for constructive dismissal. It was therefore necessary for the claimant (if wishing to proceed with such a claim) to apply to amend that claim form.[2]The claimant’s application to amend the claim form to indicate (at paragraph 8.1 of the form) that the claimant was complaining of unfair dismissal, is allowed.[3]In the alternative, it was not reasonably practicable for the claimant to submit the second claim form issued on 5 October 2018 within the time limits as set out in s.111 ERA 1996 and extended by s.207B.[4]The tribunal has no jurisdiction to hear the counterclaim of the respondent in claim number 3333905/2018 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. ` 9 April 2019 ____________________ Employment Judge Bloch QC Sent to the parties on: ……………16/4/19. For the Tribunal: ………………………….. Case No: 3331437/2018 3333905/2018 EMPLOYMENT TRIBUNALS Claimant: Mr M Kunbus Respondent: Damasgate Wholesale Limited