Miss C Gardner and Miss J Thompson v Towergate Underwriting Group Ltd: 1403100/2020 and 1403101/2020

EMPLOYMENT TRIBUNALS

Case No 1403100/2020, 1403101/2020

Between

Miss C Gardner and Miss J ThompsonClaimant

Towergate Underwriting Group LtdRespondent

Before

Employment Judge J Bax

In person for claimant

Ms C Fallon (instructed by Counsel) for respondent

Date 25 May 2021

JUDGMENT

[1]The First Claimant’s (Miss Gardner’s) claim of unfair dismissal was presented out of time and it was reasonably practicable for the Claimant to have presented it in time. The Tribunal did not have jurisdiction to hear the claim and it is struck out.

[2]The last allegation in the First Claimant’s (Miss Gardner’s) claims brought under the Equality Act 2010 was presented out of time and it was just and equitable to extend time. The Equality Act claims shall proceed to a final hearing, save that the Respondent is at liberty to argue at that hearing that there was not conduct extending over a period for the other allegations and consequentially they were presented out of time

[3]The Second Claimant’s (Miss Thompson’s) claim of unfair dismissal was dismissed upon her withdrawal.

[4]The Second Claimant (Miss Thompson) had not entered into early conciliation via ACAS before presenting her claim and none of the exemptions in regulation 3 of the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 applied. The Tribunal did not have jurisdiction to hear her claims and they are struck out Case Numbers: 1403100/2020 & 1403101/2020