Ms. J. Fawcett v Charles Lyndon Ltd. Hearing: Public Preliminary Hearing — 2024

At this public preliminary hearing, the tribunal dealt with strike-out and time-limit issues arising from Ms Fawcett's ET1. The Respondent was a London solicitors firm, and the Claimant had been engaged on a six-month intern contract from 13 March 2023. The tribunal accepted the Claimant's account that she was told on 17 August 2023 that she would be on gardening leave until the contract expired, and found that her employment ended on 12 September 2023 rather than on 17 August 2023. The ET1 was presented on 26 March 2024 after ACAS contact on 9 March 2024 and an Early Conciliation certificate on 13 March 2024.

On that basis, the tribunal held that the Equality Act complaints were out of time. It found there was no continuing act beyond 12 September 2023 and that early conciliation did not revive a time limit that had already expired. The tribunal refused to extend time on just and equitable grounds, noting in particular that the Claimant knew the tribunal time limits and the kinds of claims available from her LPC and employment law study, that she was an eyewitness to the events she complained of, that there was no medical evidence showing she was unwell or unfit during the relevant period, and that she had produced coherent post-employment documents such as nuisance logs and a January 2024 letter.

None of the discrimination claims proceeded to a final hearing. The direct sex discrimination claim, the sex-related harassment claim, and the disability discrimination and reasonable adjustments claim were struck out under Rule 37. The tribunal also recorded that the unfair constructive dismissal claim was withdrawn under Rule 52, and said it was unclear whether there was a separate constructive dismissal complaint; if so, that was also struck out as out of time and outside the tribunal's jurisdiction. No remedy was awarded and no further case management directions were needed.