Mrs L Rowlands v J M Recruitment Education and Training Ltd: 2418090/2018
JUDGMENT
[1]The complaint of unlawful deduction from wages is dismissed following withdrawal by the claimant.[2]The complaint of unfair constructive dismissal (as originally contained in the claim form) is struck out on the ground that the tribunal has no jurisdiction to consider it.[3]The claimant has permission to amend her claim in order to re-introduce a complaint of unfair constructive dismissal now that her employment has terminated. The basis of the complaint is as set out in the case management order sent separately to the parties. Case no. 2418090/2018 2 _____________________________ Employment Judge Horne 13 May 2019 SENT TO THE PARTIES ON 20 May 2019 FOR THE TRIBUNAL OFFICE Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party makes a request in writing within 14 days of the date on which the judgment is sent to the parties. If written reasons are provided, they will be displayed on the tribunal’s website. Case no. 2418090/2018 1 EMPLOYMENT TRIBUNALS Claimant: Mrs L Rowlands Respondent: J M Recruitment Education and Training Ltd HELD AT: Liverpool ON: 28 February 2020 BEFORE: MEMBERS: Employment Judge Horne Mrs J Pennie Mr R Cunningham REPRESENTATION: Claimant: Respondent: In person Mr T Rigby, counsel[1]The tribunal has jurisdiction to consider the claimant’s complaint of failure to make adjustments by failing to take the step of allowing the claimant to work from home. The complaint was presented after the expiry of the statutory time limit, but it is just and equitable for the time limit to be extended.[2]The respondent failed to make adjustments on 31 July and 1 August 2018 by doing acts inconsistent with its duty to allow the claimant to work from home.[3]C was disabled with a mental impairment from 15 October 2018, but not before that date. Case no. 2418090/2018 2[4]The respondent did not breach the duty to make adjustments by failing to provide a phased return to work.[5]The tribunal has no jurisdiction to consider the alleged failure to provide a phased return to work on 30 July 2018. The claim was presented after the expiry of the statutory time limit. It is not just and equitable for the time limit to be extended, purely on the ground that the complaint would fail on its merits.[6]The claimant was not constructively dismissed and her complaint of unfair dismissal therefore fails.