Case 1805153/2019 · Employment Tribunal
Ms Jackson (non- practising lawyer) v Respondent — 2020
- Case reference
- 1805153/2019
- Decision date
- 7 August 2020
- Jurisdiction
- England & Wales
- Venue
- Leeds
Parties
1 namedClaimant
Ms Jackson (non- practising lawyer)
Respondent
- —
Key findings
Tribunal's reasoningMs Matthews resigned without notice on 10 July 2019, contacted ACAS that day, and presented her claim on 1 October 2019. This hearing was a preliminary issue on limitation under section 123 of the Equality Act 2010. The tribunal considered whether the factual allegations in her further particulars were presented in time, whether they formed continuing acts or an ongoing state of affairs, and whether it would be just and equitable to extend time.
The tribunal held that the Bristol and Leeds allegations were generally discrete one-off acts or omissions with continuing consequences rather than continuing acts. It found there was no central thread across the different offices and managers, and it struck out grounds 1-3, 5-22, and the pre-4 June 2018 part of grounds 4 and 23 as out of time. It also rejected the claimant's arguments that internal complaints, her resignation letter, her health, or delayed access to policies justified a broader time extension.
The tribunal accepted that some later Sheffield-based matters, particularly the ongoing reasonable-adjustment and occupational health issues and the complaints involving Ms Rebecca Lawson, were at least arguably continuing acts and were not struck out. It nevertheless refused to extend time for the earlier allegations, relying on the length of delay, the effect on witness memory and document availability, the claimant's awareness of tribunal rights and equality issues, and the balance of prejudice. No compensation was awarded in this decision.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Preliminary limitation ruling on the claimant's disability discrimination particulars. Grounds 1-3, 5-22, and the pre-4 June 2018 part of grounds 4 and 23 were struck out as out of time. The later Sheffield-based allegations, including those concerning ongoing adjustments/OH recommendations and the Ms Lawson issues, were not struck out. No merits determination or monetary award was made. | Other | Disability | — |
Legal tests applied
5 references- s.123 Equality Act 2010 time limit
- Hendricks continuing act test
- s.123(4) Equality Act 2010
- just and equitable extension of time
- British Coal v Keeble factors
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.
Published on gov.uk under the Open Government Licence v3.0.
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