Case 1402322/2021 · Employment Tribunal
Ms Urszula Dunda v Meiyume (UK) Limited — 2023
- Case reference
- 1402322/2021
- Decision date
- 3 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge E Fowell Representation
Parties
2 namedClaimant
Ms Urszula Dunda
Respondent
Key findings
Tribunal's reasoningThis was a preliminary hearing to decide whether Ms Dunda’s race discrimination, race harassment and victimisation complaints were in time. The tribunal recorded that the other claims presented included unfair dismissal, pregnancy-related unfair dismissal and direct discrimination on grounds of pregnancy and maternity, but the written reasons deal only with the time-limit issue for the race complaints. The opening judgment states that the three race-related complaints were presented out of time and are dismissed.
The tribunal applied the Equality Act 2010 time limit in section 123, taking account of ACAS early conciliation. It found that the claim form was presented on 23 June 2021 and that, because early conciliation began on 26 May 2021, any act before 27 February 2021 was potentially out of time. The claimant did not attend the hearing and no witness statement was provided. The respondent relied on a roster showing that 28 February 2021 was a Sunday, so the claimant’s last day at work was Thursday 25 February 2021. On that basis, the tribunal rejected any argument that there was conduct extending over a period ending on or after 27 February 2021.
The tribunal then considered whether it would be just and equitable to extend time. It noted that the delay was very short, but that no reason for the lateness had been given until the hearing, when health issues were mentioned. The tribunal referred to a sick note dated 7 March 2021, and also to the claimant’s later pregnancy complications and strict bed rest, but observed that she had still taken part in disciplinary proceedings, raised a grievance, and pursued an appeal during April and May 2021. It also accepted the respondent’s point that the alleged harasser, Mr Da Silva, no longer worked for the respondent, which created prejudice in defending the claims. The tribunal concluded that the claimant had not discharged the burden of showing that it was just and equitable to extend time, so the three race-related complaints were dismissed.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Harassment | Dismissed on a preliminary time-limit issue; the tribunal held the claim was out of time and refused to extend time. | Dismissed | Race | — |
| Race discrimination | Dismissed on a preliminary time-limit issue; the tribunal held the claim was out of time and refused to extend time. | Dismissed | Race | — |
| Victimisation | Dismissed on a preliminary time-limit issue; the tribunal held the claim was out of time and refused to extend time. | Dismissed | — | — |
Legal tests applied
6 references- s.123 Equality Act 2010
- conduct extending over a period
- just and equitable test
- Robertson v Bexley Community Centre
- Adedeji v University Hospitals Birmingham NHS Foundation Trust
- Basildon Academies Trust v Ms P Polius-Curran
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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