Mrs O Shobajo Abimbola For the v Miss Onwochei-Garcia (solicitor) — 2025

At a preliminary hearing before Employment Judge Perry on 25 March 2025, the tribunal amended the respondent’s name by agreement. It held that the claimant’s unfair dismissal and notice pay complaints were presented out of time. The tribunal found it was reasonably practicable for those complaints to have been presented in time and, in any event, they were not presented within a further reasonable period, so the tribunal had no jurisdiction and those complaints were dismissed.

The claimant confirmed that no further discrimination complaints were being pursued beyond a complaint of failure to make reasonable adjustments. That disability discrimination complaint was also out of time. The tribunal declined to extend time because it was not just and equitable to do so, and the discrimination complaints were dismissed.

The claimant’s holiday pay complaint was conceded to be in time. On the documents before it, the tribunal indicated that the claimant was due 148.15 hours’ holiday pay at £10.75 per hour, totalling £1,592.61, based on the maxtime statement dated 21 February 2024 and the payslip dated 10 May 2024. The tribunal noted that no holiday pay was paid on the April 2024 payslip and that the March 2024 payslip was not before it. By agreement, judgment was to be entered for the claimant for £1,592.61 if no objection was made within 14 days, and the matter was to be referred back after 35 days for a decision on the papers.