JK v Ealing Council: 2203105/2022
JUDGMENT
[1]The Claimant’s claim of unfair dismissal is out of time and it was reasonably practicable to present it in time and it is therefore dismissed.[2]The Claimant’s claims of direct sex discrimination are out of time, but it is just and equitable to extend the time and accordingly they shall proceed to a full merits hearing.[3]The Claimant’s claims of disability discrimination, victimisation and harassment are out of time and it is not just and equitable to extend time and accordingly they are dismissed.REASONS
[1]This hearing was fixed to determine the following issues identified at a case management hearing held on 1 February 2023:- a) there being no dispute that the claimant’s complaint of constructive unfair dismissal was presented outside the normal time limit, whether the tribunal is satisfied that it was not reasonably practicable for the claim to be presented before the normal time limit; and b) whether the claim was presented within such further period as the tribunal considers reasonable c) there being no dispute that the claimant’s complaints of discrimination and victimisation were presented outside the normal time limit, whether they were presented within such other period as the tribunal thinks just and equitable in accordance with section 123(1) (b) of the Equality Act 2020.[2]The claimant adopted a very detailed statement prepared by her and was cross examined at some length by Mr Williams. I heard oral submissions from counsel for both parties.[3]In the note issued following the case management hearing on 1 February 2023,