Mr S Greeves v Stamford Products Ltd: 2409593/2020
| Jurisdiction | England & Wales |
| Judgment Date | 30 July 2021 |
| Citation | 2409593/2020 |
| Date | 30 July 2021 |
| Published date | 20 December 2021 |
| Court | Employment Tribunal |
| Subject Matter | Unfair Dismissal |
Case Number: 2409593/2020
CVP
EMPLOYMENT TRIBUNALS
Claimant: Mr. S Greeves
Respondent: Stamford Products Limited
Heard at: Manchester
Employment Tribunal
and by video link
On: 13th July 2021 and 26th July (in
chambers)
Before: Employment Judge R F Powell
Representation:
Claimant:
In person, assisted by Mrs E Curtis
Respondent: Ms Kaye, of counsel
JUDGMENT
The judgment of the employment tribunal is that:
1. From late January 2020 the claimant was a person with the protected characteristic of disability for
the purposes of section 6 of the Equality Act 2010.
Case Number: 2409593/2020
CVP
2. It was reasonably practicable for the claim of unfair dismissal to have been presented within the
statutory time limit. The claim of unfair dismissal was presented outside the prescribed period and is
therefore out with the Employment Tribunal’s Jurisdiction and is dismissed.
3. It is just and equitable to extend the time for presentation of the claims of disability discrimination
to the 7th August 2020, accordingly the claims of discrimination are within the Employment Tribunal’s
jurisdiction.
REASONS
Back ground
1. On the 7th August 2020 Mr Greeves presented a claim for unfair dismissal and disability
discrimination.
2. His claim stated that he had been suspended from his employment on the 12th March 2020
following an altercation with a colleague whom Mr Greeves believed was about to physically
attack him. Mr Greeves stated that he used a modicum of physical contact to defend himself.
His colleague reported the incident to the respondent as an allegation of assault. Mr Greeves
did not report his colleague’s conduct at that time.
3. Later that same day Mr Greeves was suspended and interviewed. He later attended a
disciplinary hearing which concluded that Mr Greeves was the aggressor and the respondent
dismissed him without notice on the 6th April 2020.
4. Mr Greeves appeal hearing took place on the 4th June 2020. The appeal upheld the decision to
dismiss.
5. The three-month time limit for the presentation of a claim for unfair dismissal (section 111 of
the Employment Rights Act 1996) and disability discrimination (section 123 of the Equality Act
2010) expired on the 5th July 2020, a month after the appeal hearing.
6. Mr Greeves made contact with ACAS on the 9th July 2020 and the Early Conciliation certificate
was issued on the 10th July 2020.
7. Mr Greeve’s claim was presented on the 7th August 2020 and the Respondent’s Grounds of
resistance on the 10th November 2020.
The Issues
8. On the 25th of February 2021 Employment Judge Johnson conducted a preliminary hearing
which led to an order that a further, open preliminary hearing, would take place to determine
four issues.
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