Ms H Spencer v Southway Housing Trust Manchester Ltd: 2402909/2021

EMPLOYMENT TRIBUNALS
Case No 2402909/2021
Ms H SpencerClaimantSouthway Housing Trust Manchester Limited PRELIMINARY HEARINGRespondent
Employment Judge BattenD Flood (instructed by Counsel) for claimantL Gould (instructed by Counsel) for respondentDate 18 March 2022

JUDGMENT

Employment Tribunals Rules of Procedure 2013 Rule 53 Upon hearing from the parties’ representatives, the judgment of the Tribunal is that:[1]it was not reasonably practicable for the claimant to present her complaint of constructive unfair dismissal in accordance with the time limit prescribed by section 111(2)(a) of the Employment Rights Act 1996. However, the Tribunal was satisfied that it was presented in a reasonable period thereafter. Accordingly the Tribunal has jurisdiction pursuant to section 111(2)(b) of the Employment Rights Act 1996 to hear the complaint; and[2]the claimant’s complaint of sex discrimination was not presented to the Tribunal within the time limit prescribed by section 123(1) of the Equality Act 2010. However, the Tribunal considers it just and equitable to extend time for this complaint. Case No:2402909/2021[3]Accordingly, the Tribunal has jurisdiction to hear the claimant’s complaints of unfair dismissal and sex discrimination, which shall proceed to a final hearing.