Mrs C Oldenburg v Department for Work and Pensions: 2402332/2020

EMPLOYMENT TRIBUNALS

Case No 2402332/2020

Between

Mrs C OldenburgClaimant

Department for Work and PensionsRespondent

Before

Employment Judge Shotter

In person for claimant

Mr A Jones (instructed by counsel) for respondent

Date 14 October 2020

JUDGMENT

[1]The claimant’s claim for constructive unfair dismissal received by the Tribunal on 19 March 2020 was not presented before the end of the period of 3 months beginning with 15 January 2015, the effective date of termination of employment, following ACAS Early Conciliation that took place between 11 to 16 March 2020. The Tribunal is satisfied that it was reasonably practicable for a complaint to be presented before the end of that period of 3 months and the complaint was not presented within such further period as the Tribunal considers reasonable. The Tribunal does not have the jurisdiction to consider the complaint dismissed.

[2]The claimant’s claim contains a complaint of disability discrimination brought under section 20-22 of the Equality Act 2010, presented to the Tribunal after the end of the period of 3 months beginning when the act complained of was done (or is treated as done) being 15 January 2015. The complaint is out of time and all the circumstances of the case, it is not just and equitable to extend the time limit and the claim is dismissed.

[3]The claimant’s claim contains a complaint of age discrimination brought under section 19 of the Equality Act 2010, presented to the Tribunal after the end of the period of 3 months beginning when the act complained of was done (or is treated as done) being November 2014. The complaint is out of time and all Case No. 2402332/2020 Code A the circumstances of the case, it is not just and equitable to extend the time limit and the claim is dismissed.