Miss N McNeish v Suffolk County Council: 3335121/2018
JUDGMENT
[1]The claimant did not have two years continuous service with the respondent to entitle her to bring a claim of constructive unfair dismissal and that claim is dismissed.[2]In the alternative, the unfair dismissal claim was submitted out of time and the Tribunal does not have jurisdiction to determine it.[3]The race and age discrimination complaints were submitted out of time and it is not just and equitable to extend time and those complaints are also dismissed.[4]In relation to the two references given to the claimant after the ending of the employment, the Tribunal does not have jurisdiction to determine these complaints within the meaning of s.108 of the Equality Act 2010 and no other complaints being advanced in relation to those matters the claims are dismissed. Case Number: 3335121/2018[5]If the Tribunal were to be found wrong in its conclusions, that the discrimination complaints were submitted out of time the complaints would have been dismissed on the basis that they had no reasonable prospects of success, and further in the alternative the complaints having little reasonable prospects deposits would have been ordered as a condition of continuing to advance those allegations.