Case 2204889/2018 · Employment Tribunal
Ms C. Carpenter, Legal Representative For the v Respondent — 2019
- Case reference
- 2204889/2018
- Decision date
- 30 May 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McNeill QC
- Venue
- London Central
Parties
1 namedClaimant
Ms C. Carpenter, Legal Representative For the
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal gave oral reasons at the hearing and recorded that the claimant's unfair dismissal claim under sections 98 and 103A of the Employment Rights Act 1996 was dismissed. The reason given was procedural: the claim was out of time and the claimant did not show that it was not reasonably practicable to bring it within time.
The claimant's whistleblowing detriment claim under section 47B was also dismissed on the same limitation basis. The tribunal found that the claim was brought out of time and that the claimant had not shown that it was not reasonably practicable to present it within time.
The claimant's indirect race discrimination claim was dismissed because it was also out of time and the tribunal held that it was not just and equitable to extend time. The judgment states that the remainder of the claimant's claims were permitted to proceed, but it does not determine those claims in this decision.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed because the claim was brought out of time and the tribunal found the claimant had not shown that it was not reasonably practicable to bring it within time. The judgment refers to unfair dismissal pursuant to sections 98 and 103A of the Employment Rights Act 1996. | Dismissed | — | — |
| Whistleblowing | Whistleblowing detriment claim under section 47B Employment Rights Act 1996 dismissed because it was brought out of time and the claimant failed to show that it was not reasonably practicable to present the claim in time. | Dismissed | — | — |
| Race discrimination | Indirect race discrimination claim dismissed because it was brought out of time and the tribunal held it was not just and equitable to extend time. | Dismissed | Race | — |
Legal tests applied
2 references- not reasonably practicable
- 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.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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