Ms A Biedrzynska v Beaver-Visitec International Limited and 1 other — 2023

At a preliminary hearing on 16 October 2023, Employment Judge Camp dealt with limitation and time-point issues only. Respondent (1) accepted that Ms A Biedrzynska’s unfair dismissal complaint had been presented in time. The tribunal did not decide the merits of the unfair dismissal claim at this stage.

The tribunal also made conditional findings about harassment and victimisation. It held that if the claimant’s latest harassment and victimisation complaints against respondent (1), said to relate respectively to events on 12 and 19 October 2022, succeeded on their merits and there was relevant conduct extending over a period, those complaints were in time. As to the latest harassment complaint against respondent (2), said to relate to 12 October 2022, the tribunal held that if the complaint succeeded on its merits and there was relevant conduct extending over a period, it would be just and equitable under section 123(1)(b) of the Equality Act 2010 to extend time.

In reaching that view on respondent (2), the tribunal relied on three matters: the delay was substantially not the claimant’s fault, respondent (2) would not be prejudiced by the claim being presented about one month late, and without an extension the claimant could be left without a remedy if respondent (1) established the section 109(5) statutory defence. The tribunal expressly did not decide whether there was conduct extending over a period, whether the respondent (1) complaints were otherwise in time, or whether time should be extended in any other scenario. Reasons were given orally and written reasons were only to be provided if requested within 14 days.