Ms K Breed v Altran UK Ltd — 2023

Ms K Breed was employed by Altran UK Ltd from September 2017 until 31 October 2020. On 7 October 2020 she emailed two colleagues a graphic image and was suspended. After a disciplinary meeting she did not attend, she was dismissed by letter dated 28 October 2020, with the dismissal taking effect on 31 October 2020; the letter said she was not dismissed for sending the image but for a breakdown in working relationships. Her ET1, presented on 5 January 2021, ticked unfair dismissal, disability, religion or belief and sex discrimination, and other payments. The tribunal heard only a preliminary strike-out application and heard no evidence on the merits.

The respondent argued that the July-August 2020 early conciliation could not cover the dismissal, that the claim was out of time, and that events before 15 April 2021 should be struck out. Employment Judge R Lewis rejected those points. He held that the word matter in early conciliation should be given a broad, purposive approach, and that it would be artificial to separate the respondent's dismissal reason into pre- and post-certification periods. He also held that the ET1 was presented within the primary three-month limitation period.

The judge further held that allegations before 15 April 2021 should not be struck out at this stage, although the respondent could still advance limitation arguments at final hearing. He declined to revisit earlier case-management decisions, and held that the May 2021 pleading was clarification of blanks in the ET1 rather than an amendment requiring leave. He also rejected strike-out based on abusive correspondence, accepting that the language was linked to disability-related issues and finding it disproportionate to deprive the claimant of access to the tribunal. Delay alone was not enough to show that a fair trial was impossible, so the respondent's applications to strike out all or part of the claim were dismissed.