In person For the v Respondent — 2021

Mrs J Gardner brought claims including constructive unfair dismissal, disability discrimination, victimisation, and detriment on the ground of part-time worker status. The respondent accepted that she was disabled by reason of depression and knew of that disability from November 2018. The tribunal also recorded that she later sought to amend her claim to add age discrimination, but that application was withdrawn and dismissed on withdrawal.

On victimisation, the tribunal considered seven alleged protected acts and found that none of the meetings, emails or grievance documents identified by the claimant amounted to a protected act under section 27 EqA. It found that the claimant had not alleged that the respondent had contravened the Equality Act in those communications, and some relied-upon matters were no longer pursued. The victimisation claim was therefore dismissed.

On limitation, the tribunal found that the effective date of termination was 29 February 2020, so the three-month unfair dismissal time limit expired on 28 May 2020. The claim was not presented until 21 October 2020, after Early Conciliation on 21 September 2020 and issue of the certificate on 12 October 2020. It held that it was reasonably practicable to present the unfair dismissal claim in time because the claimant chose to await the grievance process, had access to advice, and her ill-health did not prevent her from issuing proceedings.

For the disability discrimination and part-time worker claims, the tribunal found that the latest alleged acts were in early November 2019, so the ordinary limitation period expired in early March 2020. It rejected the claimant's reasons for delay and concluded that it was not just and equitable to extend time, taking account of the length of delay and the prejudice to the respondent in dealing with historical allegations. Those claims were dismissed as out of time.