Ms B Naranjan v National Highways Ltd: 3300521/2023

EMPLOYMENT TRIBUNALS

Case No 3300521/2023

Between

Ms B NaranjanClaimant

National Highways LtdRespondent

Before

Employment Judge Quill

In person for claimant

Mr R McLean (instructed by counsel) for respondent

Date 14 March 2025

JUDGMENT

[1]Any claim for redundancy payment is dismissed upon withdrawal. (Furthermore, the Claimant does not allege that the dismissal was by reason of redundancy.)

[2]No claim is pursued in relation to the (alleged) refusal to make an ex gratia payment, and any such complaint is dismissed upon withdrawal.

[3]The effective date of termination was 30 June 2022.

[4]The unfair dismissal claim, the breach of contract claim and the unauthorised deduction from wages claim had a time limit of not later than 29 September 2022. No claim form was presented by that date, and nor was early conciliation commenced.

[5]It was not reasonably practicable for the claim to have been presented within the time limit, and the claim form was presented within a further reasonable time. Therefore, the unfair dismissal claim, the breach of contract claim and the unauthorised deduction from wages claim will proceed. Case No: 3300521/2023

[6]The complaints of breach of the Equality Act 2010, as included in the claim form, were also presented outside the time limit calculated from the provisions of section 123(1)(a) and section 123(3) EQA. However, it is just and equitable to extend time. Therefore, the Equality Act claims, as set out in the case management summary and orders, will proceed.