Case No 4105365/2023Venue AberdeenHearing 16 November 2023
Between
Mr B SmithClaimantCBRERespondent
Before
Employment Judge M RobisonDate 22 November 2023
JUDGMENT
The Judgment of the Tribunal is that the claim is dismissed for want of jurisdiction. E.T. Z4 (WR)
REASONS
[1]The claim form in this case was submitted before the EC Certificate was issued.[2]I am persuaded, having regard to Rule 10(1)(c) in Schedule 1 of the Tribunal Rules of Procedure, and as none of the exceptions under s.18(A)(7) of the Employment Tribunals Act 1996 apply, that the claim form was accepted in error.[3]As I recorded in the “Note for Parties” which I issued on 23 November 2023, there is no “escape route” for the claimant. I have no option, therefore, other than to dismiss this claim for lack of jurisdiction and direct the claimant to submit a fresh claim form. The Note which I issued is referred to for its terms. Employment Judge: N M Hosie Date of Judgment: 11 December 2023 Entered in register: 11 December 2023 and copied to parties EMPLOYMENT TRIBUNALS (SCOTLAND)[5]Case No: 4105365/2023 (V) Held at Aberdeen on 14 November 2023 Employment Judge N M Hosie Mr Brian Smith Claimant In Person CBRE Managed Services 1st Respondent Represented by Ms C Goodman, Counsel Instructed by Mr J Pike, Solicitor Shelley Hart 2nd Respondent Represented by Ms C Goodman, Counsel Instructed by Mr J Pike, Solicitor Joanne Ray 3rd Respondent Represented by Ms C Goodman, Counsel 40 Instructed by Mr J Pike, Solicitor E.T. Z4 (WR)[1]the time limit for presenting the ET3 Response Form is extended to 3 November 2023;[2]the respondents’ ET3 Response Form is accepted; and[3]the Rule 21 Partial Judgment, dated 26 October 2023, is set aside.