Ms S Anderson v Oasis Community Learning: 1401408/2020
REASONS
[1]By a claim presented on 19th March 2020 the claimant brought claims of unfair dismissal and race discrimination. EJ Livesey held a case management hearing on 30th September 2020 at which he identified the claims and gave directions for the final hearing. The claims are in summary for a) unfair dismissal and b) direct race discrimination in relation to three events. The allegations of direct race discrimination are the alleged to have occurred in April 2018; in June 2019; and the claimant’s dismissal on 6th November 2019.[2]The case was listed for a Preliminary hearing by EJ Livesey to consider whether all or any of the claims should be struck out as being out of time. Even if all of the discrimination claims could be considered as part of a continuing act, the primary time limit expired on 5th February 2020, which was extended to 12th March 2020 by reason of the extension of time provided by participating in the ACAS early conciliation procedure (21st 1 of 2 Case Number: 1401408/2020 January 2020 – 12th February 2020). Thus, all of the claims had on the face of it been presented out of time on 19th March 2020.[3]The claimant attended today’s hearing and stated that having reflected she had decided no longer to pursue her claims. She was offered time to reflect and consider but she declined that offer. Accordingly, the claims will be dismissed on withdrawal by the claimant.