Miss A v Sky Subscribers Services Ltd: 4110386/2019

EMPLOYMENT TRIBUNALS (SCOTLAND)

Case No 4110386/2019

Between

Miss AClaimant

Sky Subscriber Services LimitedRespondent

Before

Employment Judge M Whitcombe

Mr M Leon for respondent

(Solicitor) for respondent

Date 30 June 2021

JUDGMENT

The judgment of the Tribunal is as follows.(1) The claim for unfair (constructive) dismissal was presented outside the period specified in section 111 of the Employment Rights Act 1996. It was reasonably practicable to have presented that complaint within time. The claim for unfair (constructive) dismissal is therefore dismissed on the basis that the Tribunal has no jurisdiction to hear it.

(2) All of the claims brought under the Equality Act 2010 (direct sex discrimination, discrimination arising from disability and failure to make reasonable adjustments) were presented outside the period specified in section 123(1)(a) of the Equality Act 2010 but were presented within a Case No.: 4110386/2019 Page 2 period which was just and equitable for the purposes of section 123(1)(b) of the Act. The Tribunal therefore has jurisdiction to hear those claims.

(3) The claimant has a disability (menorrhagia) as defined by section 6 of the Equality Act 2010 and Schedule 1 to the same Act.

(4) Oral reasons were given on 30 June 2021.