Barrett Steel Ltd

1 of 7 EMPLOYMENT TRIBUNALS Heard at: Ashford (by video) On: 27 July 2023 Claimant: Mr Besmir Pepkolaj Respondent: Barrett Steel Limited Before: Employment Judge E Fowell Representation: Claimant In person Respondent Nicholas Singer of counsel, instructed by Walker Moris LLP JUDGMENT ON A PRELIMINARY ISSUE 1. The claim is dismissed because it was presented out of time REASONS 1. These written reasons are provided at the request of the claimant following oral reasons given earlier today. Background 2. Mr Pepkolaj worked for the company as a Crane Operator and Warehouse Assistant until his dismissal. The basic facts relating to his claim are clear. He had an accident at work on 24 November 2019 which caused him wrist pain. Following an MRI scan it was found that he needed surgery. That operation went ahead on 4 May 2021, after which he was given a plaster cast and signed off work. He then had a course of physiotherapy but his wrist remained sore and he was put on a waiting list for a further operation. Unfortunately this involved a very long waiting list; he was still off work over a year later. In August 2022 he was invited to a meeting to consider whether the company should terminate his employment and that meeting went ahead on 29 September 2022. There was still no scheduled date for an operation and he was told at the meeting that he would be dismissed. That was confirmed in a letter the following day. 3. That letter gave him the right of appeal, which he exercised. There was then an appeal meeting on 4 November 2022. The situation was unchanged and the appeal was dismissed - not at the meeting but in a follow-up letter dated 8 2 of 7 November 2022. It is clear from the records of the dismissal hearing and the appeal process that he was regarded as a very good worker and these decisions were reached reluctantly, on the basis...