Ms V Olaiya v Balgores Property Services Ltd: 3201422/2023
EMPLOYMENT TRIBUNALS
Case No 3201422/2023
Between
Ms V OlaiyaClaimantBalgores Property Services LtdRespondent
Before
Employment Judge JonesIn person for claimantMs Morovic (instructed by Solicitor) for respondentDate 5 December 2023
JUDGMENT
[1]The Tribunal does not have jurisdiction to hear the complaint of unfair dismissal for the following reasons:a. The Claimant was self-employed.b. The Claimant had not worked for the Respondent for the minimum period of two years as required by section 108(1) Employment Rights Act 1996.c. The complaint was presented on 2 August 2023, which was well outside of the time limit set by sections 111(2) and extended by 207B of the Employment Rights Act 1996, which was 29 April 2023.d. It was reasonably practicable for the Claimant to have presented this complaint to the Tribunal in time.[2]The complaint of unfair dismissal is struck out.[3]The Tribunal does not have jurisdiction to hear the complaint of unlawful deduction of wages for the following reasons:a. The Claimant was self-employed.b. The complaint was presented on 2 August 2023, which was outside of the time limit set by sections 23(2) and 207B of the Case Number: 3201422/2023 Employment Rights Act 1996, which was 29 April 2023.c. It was reasonably practicable for the Claimant to have presented this complaint to the Tribunal in time.[4]The complaint of unlawful deduction of wages is struck out.[5]The Tribunal does not have jurisdiction to hear the Claimant’s complaint of less favourable treatment on the grounds of race and disability against the Respondent for the following reasons:a. The last possible date that the Claimant alleges for an act of discrimination by the Respondent is 18 November 2022. This is also her effective date of termination.b. The Claimant presented her discrimination complaints to the Employment Tribunal on 2 August 2023, which was outside of the time limits set by sections 123(1)(a) and 140B of the Equality Act 2010, which was 29 April 2023.c. The Tribunal does not exercise its discretion to extend time on a just and equitable basis.[6]The complaint of discrimination on the grounds of race and disability are struck out.