Case 2203498/2021 · Employment Tribunal

Ms S Watson v Equans FM Limited — 2022

Case reference: 2203498/2021
Decision date: 30 August 2022
Jurisdiction: England & Wales
Judge: Employment Judge Norris
Venue: Central London

Indexed: 22 May 2026

Parties

2 named

Claimant

Ms S Watson

Respondent

Equans FM Limited

Key findings

Tribunal's reasoning

Ms Watson's unpaid wages complaint was dismissed following withdrawal. Her pregnancy discrimination and race discrimination claims were found to have been presented out of time under section 123(1)(a) Equality Act 2010, and the tribunal was not satisfied that it would be just and equitable to extend time under section 123(1)(b), so those claims were struck out.

Separate complaints relating to flexible working applications made in 2019 and 2020 were also out of time. The tribunal found it was reasonably practicable for those complaints to have been presented in time and that they were not brought within a reasonable period afterwards, so they were struck out under section 80H(5) Employment Rights Act 1996.

A further flexible-working complaint was presented in time, but the tribunal held it had no jurisdiction because the application was made within 12 months of the previous application to the same employer, contrary to section 80F(4) Employment Rights Act 1996, and it was struck out. The tribunal also refused an application to amend the claim to add a race discrimination complaint arising in or around September 2021 because it was out of time and not just and equitable to extend time, and it refused applications to add or substitute Atalian Servest Group and Schneider Electric UK Limited because there was no claim against them that the tribunal had jurisdiction to hear.

Claims and outcomes

6 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Pregnancy and maternity discrimination	Presented out of time under section 123(1)(a) Equality Act 2010; the tribunal was not satisfied that it would be just and equitable to extend time under section 123(1)(b).	Struck out	Pregnancy and maternity	—
Race discrimination	Presented out of time under section 123(1)(a) Equality Act 2010; the tribunal was not satisfied that it would be just and equitable to extend time under section 123(1)(b).	Struck out	Race	—
Flexible working	Complaint relating to a 2019 flexible-working application. The tribunal found it was presented out of time, that it was reasonably practicable to present it in time, and that it was not presented within a reasonable period thereafter under section 80H(5) Employment Rights Act 1996.	Struck out	—	—
Flexible working	Complaint relating to a 2020 flexible-working application. The tribunal found it was presented out of time, that it was reasonably practicable to present it in time, and that it was not presented within a reasonable period thereafter under section 80H(5) Employment Rights Act 1996.	Struck out	—	—
Flexible working	A further flexible-working complaint was presented in time, but the tribunal held it had no jurisdiction because the application was made within 12 months of the previous application to the same employer under section 80F(4) Employment Rights Act 1996.	Struck out

Legal tests applied

4 references

Official outcome judgment PDF

Gov.uk primary record

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Open official judgment PDF on gov.uk

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