Mrs G Sowden v Optimal Recruitment Solutions Ltd — 2023

At the preliminary hearing on 13 July 2023, Employment Judge Brain held that it was just and equitable to extend the limitation period to 21 March 2023 for the claimant's Equality Act 2010 complaint. The judgment also records that Optimal Recruitment Solutions Ltd was joined in substitution for Optimal HR Services Ltd.

The tribunal held that it had no jurisdiction to consider the claimant's unfair dismissal complaint under the Employment Rights Act 1996 because she did not have the two years' qualifying service needed to bring the claim and, in any event, the claim was presented outside the time limit in section 111 where it was reasonably practicable to present it in time. The wrongful dismissal claim was also held to be outside the limitation period under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, again on the basis that it was reasonably practicable to bring it in time, so the tribunal had no jurisdiction to consider it.

The breach of contract and unauthorised deduction from wages complaints were held to be within the relevant limitation periods only insofar as they related to commission for work the claimant said she had undertaken where entitlement to commission crystallised in September 2022 and the commission was payable in the October 2022 pay run. Commission claims where entitlement crystallised before September 2022 were held to be out of time. The extracted judgment does not record any substantive merits findings or any monetary award.