Mrs L Hedley-Mansfield v Comeval Ltd and Others: 3201268/2020
JUDGMENT
[1]The claimant’s claim for (constructive) unfair dismissal was presented outside the time limit contained in s111(2) Employment Rights Act 1996. It was reasonably practicable for this claim to be presented within this time limit. In any event the claim was not presented within such further period as the Tribunal considered reasonable. Accordingly, the Tribunal does not have jurisdiction to consider this claim.[2]The claimant’s claims in respect of unlawful deduction of wages and outstanding holiday pay and other payments were presented outside the time limits contained in s23(4) Employment Rights Act 1996. It was Case Number: 3201268/2020 V reasonably practicable for these claims to be presented within the appropriate time limits. In any event the claims were not presented within such further period as the Tribunal considered reasonable. Again, the Tribunal does not have jurisdiction to consider this claim.[3]The claimant’s claims of discrimination on the grounds of pregnancy/ maternity, disability, marriage or civil partnership and sex had been presented outside of the time limit contained in s123 Equality Act 2010. Having considered the circumstances, it is not just and equitable to extend time for bringing these complaints. The Tribunal does not have jurisdiction to hear these complaints.[4]Proceedings are now dismissed. For the avoidance of doubt, the hearing listed for 5 to 8 October 2021 and 12 to 15 October 2021 shall not proceed.