Miss Y McKeon v Pascal Solutions Limited and 1 other — 2020

Employment Judge Flood first revoked the earlier judgment of 14 February 2020 that had treated Claim 1 as withdrawn, finding that the claimant had not intended to withdraw it when she filed Claim 2 but was trying to correct a date. Claim 1 was therefore reinstated and the tribunal went on to determine the jurisdictional issues across both claims.

On the unfair dismissal complaint, the tribunal found that the relevant period of employment ran from 1 February 2018 to 22 July 2019, so the claimant had less than two years' continuous service. No automatic unfair dismissal exception was identified on the pleadings or in the evidence, so the unfair dismissal claim was dismissed under section 108 ERA 1996.

The tribunal held that the wages and holiday pay complaints, and the breach of contract complaint, were out of time. Even allowing for early conciliation, the claim forms were presented after the relevant limitation periods. For the wages and holiday pay claims, the judge held it was reasonably practicable for the claimant to have presented them in time because she was already taking other steps, including contacting ACAS, the Pensions Ombudsman and her employer, and so those complaints were dismissed.

The sex discrimination and age discrimination complaints were also out of time and the tribunal refused to extend time on just and equitable grounds. The judge accepted that the claimant had been under pressure after the termination of employment, but found that the delay, the lack of clear particulars, and the absence of any amendment application for age discrimination meant the respondent would be prejudiced by permitting the claims to proceed. Proceedings against both respondents were dismissed.