Case 2300230/2023 · Employment Tribunal

Cynthia Pinto v City & Essex Ltd — 2024

Case reference: 2300230/2023
Decision date: 31 May 2024
Jurisdiction: England & Wales
Judge: Employment Judge Evans

Indexed: 21 May 2026

Parties

2 named

Claimant

Cynthia Pinto

Respondent

City & Essex Ltd

Key findings

Tribunal's reasoning

On 22 May 2024, Employment Judge Evans, sitting alone, dealt with preliminary time-limit issues in the claim brought by Cynthia Pinto against City and Essex Limited. The unfair dismissal and breach of contract complaints were presented outside the ordinary time limit, but the tribunal found that it was not reasonably practicable to present them in time and that they were lodged within a further reasonable period, so those complaints were allowed to proceed.

The disability discrimination complaints under section 15 and for failure to make reasonable adjustments, together with the victimisation complaint, were also out of time. The tribunal held that it was just and equitable to extend time for those complaints, subject to paragraph 3 of the judgment. Paragraph 3 records that some of those complaints concerned events before the effective date of termination and were considered on the basis that there was a prima facie case of conduct extending over a period of time continuing until termination, while noting that the respondent may argue at the final hearing that there was no such continuing conduct and that time would then need to be considered again for those matters.

No merits findings were made and no remedy was determined in this decision.

Claims and outcomes

5 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	Presented outside the applicable time limit, but the tribunal found it was not reasonably practicable to present the complaint in time and that it was presented within a further reasonable period, so the claim will proceed.	Other	—	—
Breach of contract	Presented outside the applicable time limit, but the tribunal found it was not reasonably practicable to present the complaint in time and that it was presented within a further reasonable period, so the claim will proceed.	Other	—	—
Disability discrimination	Section 15 disability discrimination complaint presented outside the applicable time limit; the tribunal held it was just and equitable to extend time, subject to paragraph 3, so the claim will proceed.	Other	Disability	—
Disability discrimination	Failure to make reasonable adjustments complaint presented outside the applicable time limit; the tribunal held it was just and equitable to extend time, subject to paragraph 3, so the claim will proceed.	Other	Disability	—
Victimisation	Victimisation complaint presented outside the applicable time limit; the tribunal held it was just and equitable to extend time, subject to paragraph 3, so the claim will proceed.	Other	—	—

Legal tests applied

2 references

Official outcome judgment PDF

Gov.uk primary record

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Published on gov.uk under the Open Government Licence v3.0.

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