Case 1301437/2021 · Employment Tribunal
Ms I Kurtulikova v Pilkington Automotive Ltd DECISION AT AN OPEN PRELIMINARY HEARING (Hearing type code “V”) — 2021
- Case reference
- 1301437/2021
- Decision date
- 22 October 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge V Jones
Parties
2 namedClaimant
Ms I Kurtulikova
Key findings
Tribunal's reasoningAt an open preliminary hearing on 21 October 2021 before Employment Judge V Jones sitting alone in Birmingham by CVP, the tribunal considered jurisdiction and time-limit issues in Ms I Kurtulikova's claims against Pilkington Automotive Ltd. The claimant appeared in person and the respondent was represented by a solicitor.
The tribunal held that it had no jurisdiction to hear the unfair dismissal claim because it was presented outside the normal time limit in section 111(2)(a) Employment Rights Act 1996, as extended by section 207B, and found that it was reasonably practicable for the claim to have been presented within that time limit. It also held that it was not just and equitable to extend the primary time limit under section 123(1)(a) Equality Act 2010 for presenting the discrimination claim.
The tribunal found that the discrimination allegation relating to the respondent's internal appeal process and outcome had been brought in time under ss108, 120 and 123 Equality Act 2010. It left for the full merits hearing the question whether the alleged discrimination in the selection for redundancy and dismissal formed part of conduct extending over a period ending with the outcome of the appeal on 19 March 2021. No monetary award was made at this hearing.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Preliminary jurisdiction ruling only. The tribunal held it was not just and equitable to extend the primary time limit under section 123(1)(a) Equality Act 2010 for presenting the discrimination claim, but found the allegation relating to the respondent's internal appeal process and outcome was in time under ss108, 120 and 123. It left open for the full merits hearing whether the redundancy selection and dismissal allegation formed part of conduct extending over a period ending with the appeal outcome on 19 March 2021. | Other | Disability | — |
| Unfair dismissal | The tribunal held it had no jurisdiction to hear the unfair dismissal claim because it was presented outside the normal time limit in section 111(2)(a) Employment Rights Act 1996, as extended by section 207B, and found it was reasonably practicable to have presented the claim within time. | Dismissed | — | — |
Legal tests applied
8 references- section 111(2)(a) Employment Rights Act 1996
- section 207B Employment Rights Act 1996
- reasonably practicable
- section 123(1)(a) Equality Act 2010
- just and equitable
- ss108, 120 and 123 Equality Act 2010
- section 123(3)(a) Equality Act 2010
- conduct extending over a period
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
- Open official judgment 4 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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