Miss B Ogrodowska v Mizkan Euro Limited — 2020

Miss B Ogrodowska started work on 22 July 2019. The respondent accepted that she was disabled within the meaning of the Equality Act 2010 because she suffered from epilepsy. By letter dated 31 December 2019, the respondent confirmed that her employment would cease on that date and said she would be paid until 22 January 2020 as a gesture of goodwill. The tribunal found that the effective date of termination was 31 December 2019 and that the goodwill payment did not alter that date.

The claimant's discrimination complaints were a failure to make reasonable adjustments and discrimination arising from disability in relation to her dismissal, IT issues, planned brain surgery and the dismissal of her grievance. She also sought to amend to add breach of contract, but that amendment was refused as misconceived; the amendment concerning dismissal of the grievance was allowed. The tribunal held that the claims up to and including dismissal were out of time because, after the ACAS early conciliation period from 3 March 2020 to 17 April 2020, time expired on 17 May 2020. The grievance-dismissal complaint was treated as presented on 15 December 2020 when the amendment was allowed and was also out of time.

On the just and equitable issue, the tribunal accepted that the claimant had difficulty understanding the dismissal letter, was upset and depressed after dismissal, and later had a severe seizure in April 2020. It also noted that she had legal advice from April 2020 and could have presented the claim in time. Although the tribunal found that the short delay would not prejudice a fair trial, it concluded that it was not just and equitable to extend time. All claims were therefore struck out and the hearing listed for June 2021 was vacated.