In person For the v Respondent — 2023

The claimant, Miss N Utjonkova, brought claims described in the judgment as unfair constructive dismissal, unpaid sick pay, whistleblowing detriment, direct race discrimination, and harassment related to race. The respondent was L. Rowland & Company (Retail) Limited. The hearing took place remotely by video at Bristol before Employment Judge Leverton on 14 June 2023.

The tribunal did not determine the substantive merits of any of the claims. It held that it was reasonably practicable for the unfair constructive dismissal and unpaid sick pay claims to have been presented within the applicable three-month period, and also reasonably practicable for the whistleblowing detriment claim to have been presented within three months of the last act in the alleged series. Those claims were presented out of time and the tribunal found no grounds to extend time.

For the race discrimination claims, the tribunal held that it was not just and equitable to extend the three-month time limit for the direct race discrimination and race-related harassment claims under section 123(1) of the Equality Act 2010. Those claims were also therefore out of time.

Because all of the claims were presented outside the relevant statutory time limits and the tribunal found no basis to extend time, it concluded that it had no jurisdiction to consider the claims and dismissed them all. The written record notes that reasons were given orally at the hearing.