Ms S Watson v Equans FM Ltd (Formerly Engie FM Ltd): 2203498/2021
JUDGMENT
[1]The Claimant’s claim of unpaid wages is dismissed on withdrawal.[2]The Claimant’s claims of pregnancy and race discrimination were presented out of time contrary to section 123(1)(a) Equality Act 2010 and it would not be just and equitable to extend time under section 123(1)(b). The Tribunal does not have jurisdiction to hear them and they are struck out.[3]The Claimant’s complaints in relation to her applications for flexible working made in 2019 and 2020 were presented out of time. It was reasonably practicable for the Claimant to present them in time and she did not present them within a reasonable period thereafter in any event, contrary to section 80H(5) Employment Rights Act 1996. They are struck out.[4]The Claimant’s complaint in relation to her application for flexible working was presented in time. However, pursuant to section 80F(4) Employment Rights Act 1996, the Tribunal does not have jurisdiction to hear this complaint because the application was made within 12 months of the previous application to the same employer. It is struck out.[5]The Claimant’s application to amend the claim to add a complaint of race discrimination arising in or around September 2021 is refused. It was made more than three months after the act complained of, and it would not be just and equitable to extend time.[6]The Claimant’s applications to add or substitute Atalian Servest Group Case No: 2203498/2021 and/or Schneider Electric UK Limited are refused as there is no claim against them that the Tribunal has jurisdiction to hear.