Claimant v Whitehouse v Asda Stores Ltd — 2020

At an open preliminary hearing on 9 September 2020, Employment Judge Cookson sitting alone determined limitation and case-management issues in Miss V Whitehouse’s claims against Asda Stores Limited. The tribunal first dealt with the claimant’s unlawful deduction from wages complaints, which concerned non-payment of statutory maternity pay for March to July 2018 and an alleged unlawful deduction in February 2019. It found that it was reasonably practicable for those complaints to have been brought within the statutory time limits, that they were not, and that the tribunal therefore had no jurisdiction to consider them.

The tribunal then considered the claimant’s pregnancy and maternity discrimination complaints under s18 of the Equality Act 2010. It held that the complaint about non-payment of statutory maternity pay for March to July 2018 was out of time and was not brought within a period that was just and equitable. By contrast, the complaint relating to the February 2019 deduction and the failure to carry out any risk assessment before maternity leave began in April 2019 was out of time but the tribunal extended time on a just and equitable basis, so that claim would proceed.

The tribunal also recorded, for the avoidance of doubt, that the claimant’s complaints relating to non-payment of maternity pay in August 2019 were brought in time. The respondent’s application to strike out the claims on the basis that they had no or little reasonable prospect was refused. The case was then listed for a final hearing before an Employment Judge sitting with members, with all issues including remedy to be determined at that hearing.