Case 1404025/2023 · Employment Tribunal

Miss Cook (Lay Representative) For the v Mr M Akram, Consultant — 2024

Case reference: 1404025/2023
Decision date: 29 July 2024
Jurisdiction: England & Wales
Judge: Employment Judge Volkmer

Indexed: 23 May 2026

Parties

2 named

Claimant

Miss Cook (Lay Representative) For the

Respondent

Mr M Akram, Consultant

Key findings

Tribunal's reasoning

At the preliminary hearing on 2 July 2024, Employment Judge Roper found that Ms Whitthorn worked for Ms Richardson as a self-employed independent contractor from the start of 2018 and only became an employee on 15 April 2021. The tribunal relied on the respondent's computerised tax records and rejected the claimant's case that employment began in January 2018.

That finding meant the claimant did not have two years' continuous employment when her employment ended on 21 February 2023, so the constructive unfair dismissal claim failed for want of jurisdiction under section 108 of the Employment Rights Act 1996. The tribunal noted that the unfair dismissal complaint had been presented in time, but the qualifying period requirement was not met.

The claims for breach of contract and unlawful deduction from wages were dismissed as out of time. The tribunal found it was reasonably practicable to present them within the primary time limits, identifying the relevant complaints as having arisen in early 2020, summer 2021, and within three months of 30 November 2022. The claimant's explanation that she did not want to damage the working relationship was not accepted as a sufficient reason for delay.

The Equality Act claims were also dismissed as out of time. The tribunal said the alleged conduct occurred between July and December 2018, that proceedings were not issued until 12 July 2023 after ACAS early conciliation, and that there was no good reason to extend time on a just and equitable basis. The accrued holiday pay claim was not determined in this judgment and was left to the case management order.

Claims and outcomes

5 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Constructive dismissal	Dismissed because the tribunal found the claimant only became an employee on 15 April 2021 and so did not have two years' continuous employment by the termination date of 21 February 2023.	Dismissed	—	—
Breach of contract	Dismissed as out of time; the tribunal held it was reasonably practicable to bring the claim within the three-month limit and rejected the claimant's explanation that she did not wish to poison the working relationship.	Dismissed	—	—
Unlawful deduction from wages	Dismissed as out of time on the same limitation reasoning; the tribunal found the relevant complaints arose in early 2020, summer 2021, and within three months of 30 November 2022.	Dismissed	—	—
Pregnancy and maternity discrimination	Dismissed as out of time under the Equality Act time limit; the alleged conduct was said to have occurred between July and December 2018, nearly five years before proceedings were issued, and the tribunal found no just and equitable basis to extend time.	Dismissed	Pregnancy and maternity	—
Harassment	Dismissed as out of time; the tribunal found no good reason for the delay and declined to extend time on a just and equitable basis.	Dismissed	Sex	—

Legal tests applied

6 references

Official outcome judgment PDF

Gov.uk primary record

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Published on gov.uk under the Open Government Licence v3.0.

How we got this data

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