Miss L McGrath v Solent Youth Services Ltd — 2021

At a preliminary hearing, the tribunal dismissed the claimant's unfair dismissal, breach of contract (wrongful dismissal), and holiday pay claims because they had been presented out of time. The tribunal held that it lacked jurisdiction to deal with those claims. It also dismissed the claimant's application to amend to add a claim of unfair dismissal under section 103A Employment Rights Act 1996; to the extent that claim was already pleaded, it was dismissed under the same out-of-time ruling.

The tribunal held that the claimant's sex discrimination, victimisation, and harassment claims were presented within such period as it thought just and equitable from the date of dismissal. Those claims were therefore not dismissed as out of time in this judgment, but the tribunal did not decide their merits at the preliminary hearing.

The claimant's separate application to amend the claim form to seek a declaration that a Director's Service Agreement was void for misrepresentation, or avoidable, was dismissed because the tribunal had no jurisdiction to consider it. The respondent's application for a deposit order in respect of the sex discrimination, harassment and victimisation claims was also dismissed.