Miss R Llie v Unilever UK Central Resources and Unilever plc: 2300684/2023
JUDGMENT
Having considered the Respondents’ application to strike-out the claims and their arguments, having also considered the merits of the Claimant’s arguments in response and of her claims, and having considered the law, the Judgment of the Tribunal is as follows: Application to Strike Out[1]With respect to the claim of discriminatory treatment up to and including 22 September 2021, the Tribunal finds that this claim was presented outside the time limit prescribed by s123(1) (a) of the Equality Act 2010. Having considered the Claimant’s account of the circumstances and the available evidence there is no basis on which it would be just and equitable to extend the time limit in respect of this claim pursuant to s123(1)(b) of the Equality Act 2010. The Tribunal has no jurisdiction to hear the claim and it is dismissed.[2]With respect to retaliatory behaviour for alleged actions on dates not particularised but prior to 22 September 2021, the Tribunal finds that this claim was not presented within the applicable statutory time limit prescribed by s123 (1)(a) of the Equality Act 2010. Having considered the Claimant’s account of the circumstances and the available evidence there is no basis on which it would be just and equitable to extend Case No.: 2300684-2023 the time limit in respect of this claim pursuant to s123(1)(b) of the Equality Act 2010. The Tribunal has no jurisdiction to hear this claim and it is dismissed.[3]With respect to claims for unlawful deduction of wages, unpaid holiday pay, notice pay, and other payments, the Tribunal finds that these claims were not presented within their applicable statutory time limits. Having considered the Claimant’s evidence and the information before me it was reasonably practicable for the Claimant to have presented them on time. The Tribunal has no jurisdiction to hear these claims and they are dismissed.[4]With regards to a claim arising from an incident on 1 December 2022, the claim and its legal basis remained unparticularised by the Claimant by the date of this hearing. Having considered the evidence available, the Claimant’s account, and the relevant circumstances the Tribunal could discern no discriminatory conduct, no unfavourable treatment and no actionable failure to make reasonable adjustments in respect of this claim. In addition, there was a lack of connection in terms of time, character of incident or in terms of participants between this incident and the earlier incidents such as would have prevented the Claimant from establishing a course of conduct, even if the earlier claims had not been dismissed for lack of jurisdiction. This claim is not well founded, it has no reasonable prospect of success, and is therefore struck out under Employment Tribunal Rule 37(1)(a).