Miss B Szymoniak v Advanced Supply Chain (BFD) Limited — 2019

At the preliminary hearing on 28 August 2019, with reasons issued on 22 October 2019, the tribunal struck out the claimant's constructive unfair dismissal claim under Rule 37(1)(a). It treated the case as one based on alleged breaches of contract culminating in a November 2018 last-straw resignation, but found that most of the alleged incidents were disputed, the claimant had a live final written warning for absence and lateness, and the resignation letter did not mention the alleged last straw. The tribunal referred to s.95(1)(c) Employment Rights Act 1996, Tayside, Lewis, and Omilagu when concluding that the claim had no reasonable prospect of success.

The tribunal refused leave to amend to add a sexual harassment claim. It found that the claimant raised a grievance on 3 April 2018, that the respondent rejected it on 22 May 2018, and that the grievance outcome letter was hand-delivered on that date. The amendment application was not made until 22 July 2019, around 16 months after the events, and the tribunal found no reasonable explanation for the delay. In reaching that decision it applied Selkent, considered the time provisions in s.123(1) Equality Act 2010 and the guidance in s.33(3) Limitation Act 1980, and referred to Virdi.

The tribunal also refused leave to amend to add victimisation. It treated this as a new allegation based on the 3 April 2018 grievance and a series of alleged detriments ending on 8 November 2018, but found that it was late, should have been intimated by 13 June 2019, and had no reasonable explanation for the delay. The tribunal made no order as to costs.