Case 2201768/2021 · Employment Tribunal
Ms S Marazzi v Islington (T) Hairdressing Ltd T/A Toni & Guy — 2021
- Case reference
- 2201768/2021
- Decision date
- 22 September 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brown Representation
Parties
2 namedClaimant
Ms S Marazzi
Key findings
Tribunal's reasoningMs S Marazzi presented claims of unfair dismissal, sex discrimination and failure to pay a redundancy payment on 19 April 2021. At the open preliminary hearing, the tribunal found that the ET1 contained no particulars of the unfair dismissal or sex discrimination complaints. Because no factual basis or identified act was pleaded, the tribunal held that those complaints could not sensibly be responded to and rejected them under rule 12 of the Employment Tribunals Rules of Procedure 2013.
The tribunal also said that, even if the unfair dismissal and sex discrimination complaints had not been rejected, they were out of time. It found that the claimant was told on 4 December 2020 that she was being made redundant and that her employment was ending, and that the 11 December 2020 letter confirmed a termination date of 4 December 2020. The claimant had corresponded with the respondent in December 2020 about incorrect termination calculations, knew in December 2020 that she was alleging sex discrimination, and by February 2021 knew she could contact ACAS and could research employment rights online. The tribunal held there were no grounds to extend time for either claim.
The redundancy payment complaint was treated differently. The tribunal accepted that it was not rejected and that it had been presented in time. It therefore directed that the redundancy payment claim should be listed for a Final Hearing (Short Track). No substantive award was made at this preliminary stage.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Rejected under r12 of the ET Rules of Procedure 2013 because the ET1 gave no particulars and could not sensibly be responded to; the tribunal also said the claim was out of time and would not extend time. | Struck out | — | — |
| Sex discrimination | Rejected under r12 because the ET1 identified no pleaded facts or acts of sex discrimination; the tribunal also found it was presented out of time and would not extend time. | Struck out | Sex | — |
| Redundancy | The tribunal did not reject this complaint. It found the claim for a redundancy payment was presented in time and ordered that it be listed for a Final Hearing (Short Track). | Other | — | — |
Legal tests applied
13 references- r12 ET Rules of Procedure 2013
- E.ON Control Solutions Ltd v Caspall
- s111 ERA 1996
- Porter v Bandridge Ltd
- Palmer and Saunders v Southend-on-Sea Borough Council
- s123 Equality Act 2010
- Robertson v Bexley Community Centre T/a Leisure Link
- British Coal Corporation v Keeble & Others
- Marks & Spencer v Williams-Ryan
- John Lewis Partnership v Charman
- Cullinane v Balfour Beatty Engineering Services Ltd
- Robinson v Fairhill Medical Practice
- Norbert Dentressangle Logistics Ltd v Hutton
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.
How we got this data
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