Miss L Lawrence v Bristol Community Health — 2021

Miss L Lawrence brought claims for unfair dismissal and race discrimination against Bristol Community Health CIC (in liquidation). At a preliminary hearing on 25 February 2021, the tribunal considered the respondent's strike-out application and reserved judgment after allowing the claimant time to provide further documents. The claimant's bank health visitor appointment was dated 12 July 2017, she moved to a permanent post on 30 April 2018, and she was dismissed on 24 December 2019.

On unfair dismissal, the tribunal held that the claimant did not have two years' continuous service as an employee when she was dismissed. It found that her earlier bank work did not count as continuous employment because the appointment letter said there was no obligation on BCH to offer work and no obligation on her to accept it, and the claimant's evidence confirmed that she worked no fixed hours and could decline assignments. The tribunal therefore held that it had no jurisdiction to hear the unfair dismissal claim.

On race discrimination, the tribunal treated the dismissal as the last alleged act relied on. It concluded that the claim was presented out of time and that it would not be just and equitable to extend time under section 123 Equality Act 2010. The claimant said she had been too unwell to bring the claim earlier, but the tribunal found that the medical evidence supplied did not cover the relevant period and did not show that she was incapable of issuing proceedings. It also took into account that BCH was in liquidation and that the delay had significantly prejudiced the respondent's ability to obtain documents and witness evidence. The race discrimination claim was therefore struck out.