Mrs T Leyland v Marks and Spencer plc: 2424470/2017
EMPLOYMENT TRIBUNALS
Case No 2424470/2017
Between
Mrs T LeylandClaimantMarks and Spencer plcRespondent
Before
Employment Judge T Vincent RyanIn person for claimantMr. G. Anderson (instructed by counsel) for respondentDate 19 September 2018
JUDGMENT
[1]The claimant’s claim of age discrimination is dismissed upon withdrawal by the claimant.[2]Disability discrimination claims:2.1 The claimant is a disabled person as defined by the Equality Act 2010.2.2 The claimant presented her discrimination claims out of time even allowing for the tribunal’s just and equitable extension of time to the conclusion of the grievance procedure plus three months. The tribunal does not have jurisdiction and the claims are dismissed.2.3 Had the claims of direct discrimination and a failure to make reasonable adjustments been presented in time and the tribunal accepted jurisdiction they would have failed and the tribunal would have dismissed them. Case No.2424470/2017[3]Constructive unfair dismissal claim:3.1 The claimant presented her claim out of time in circumstances when it would have been reasonably practicable for her to have presented them in time. The tribunal does not have jurisdiction. The claim is dismissed.3.2 Had the claim of constructive unfair dismissal been presented in time it would have failed and the tribunal would have dismissed it.