Case 1802988/2024 · Employment Tribunal
Mrs K Kaur v The Blessed Peter Snow Catholic Academy Trust HELD AT: Leeds — 2024
- Case reference
- 1802988/2024
- Decision date
- 26 November 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge JM Wade
Parties
2 namedClaimant
Mrs K Kaur
Key findings
Tribunal's reasoningThe hearing addressed whether the claimant's race discrimination/harassment and protected disclosure detriment complaints were presented in time, and whether the unfair dismissal complaint should be struck out or made subject to a deposit. The claimant accepted the Equality Act and protected disclosure detriment complaints were out of time, but asked the tribunal to extend time.
The tribunal found that the claimant had been very unwell from July 2022 and unable to do much for a period, but that by around April 2023 it was reasonably practicable for her to present the protected disclosure detriment complaints. It rejected arguments that the respondent's failure to tell her about ACAS, tribunal claims, or time limits made it not reasonably practicable to present the claims sooner.
For the race discrimination/harassment allegations, the tribunal considered the length of the extension sought, prejudice, evidential difficulties, and the fact that the unfair dismissal claim was proceeding. It concluded that it was not just and equitable to extend time to 19 January 2024. The respondent's application to strike out the unfair dismissal complaint was refused.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | The allegations of whistleblowing detriment from 25 June 2021 to 6 July 2022 were dismissed because they were presented out of time and it had been reasonably practicable to present them by around April 2023. | Dismissed | — | — |
| Race discrimination | The race discrimination allegations concerning incidents on 19 and 23 May 2022 were dismissed because the tribunal did not consider an extension of time to 19 January 2024 just and equitable. | Dismissed | Race | — |
| Harassment | The judgment referred to the same May 2022 allegations as race discrimination/harassment and dismissed them on time limit grounds. | Dismissed | Race | — |
| Unfair dismissal | The respondent's application to strike out the unfair dismissal complaint was refused; the merits of that complaint were not determined in this judgment. | Other | — | — |
Legal tests applied
7 references- Section 18A Employment Tribunals Act 1996
- Drake International Systems Limited and others v Blue Arrow Ltd [2016] ICR 445
- Section 48(3) Employment Rights Act 1996
- Section 207B Employment Rights Act 1996
- reasonably practicable
- Section 123(1) Equality Act 2010
- just and equitable
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
- Open official judgment 4 PDF on gov.uk
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