Mr D Gowland v Sunderland Association Football Club Ltd

Case Number:- 2502438/2022

THE EMPLOYMENT TRIBUNALS Claimant: Mr D Gowland, in person Respondent: Sunderland Association Football Club Limited Heard at: Newcastle CFCTC, by telephone On: 18 August 2023 Before: Employment Judge Legard (sitting alone) Representation: Claimant: In Person Respondent: Ms Tague (HR)

JUDGMENT The Judgment of the Tribunal is that the complaint for unlawful deductions was presented out of time and it was reasonably practicable for the claim to be presented within the statutory time period. The Tribunal therefore lacks jurisdiction to hear the claim and it is therefore struck out. Case Number:- 2502438/2022

REASONS 1 Background and Issues 1.1 By a claim form presented on 21 December 2022 (attempted early conciliation having taken place between 26 th October and 21 st November 2022) the Claimant (‘C’) brought a claim in respect of unpaid weekly retainer fees. 1.2 On 8 March 2023 the matter came before EJ Loy for a preliminary hearing upon which he made clear that, given that this was a claim brough...

2. EVIDENCE & SUMISSIONS 2.1 The hearing was conducted by telephone with the agreement of the parties. I heard oral evidence from both C and Ms Tague for R. Both were cross-examined by the other. I was referred to a number of documents contained within small bundles provided by both sides. At the conclusion of the evidence I heard oral submissions from both representatives. Neither party drew m...