Mr T Akinsanmi friend For the v Respondent — 2020

At the preliminary hearing on 14 October 2020, the tribunal considered whether the claimant's unfair dismissal, discrimination and monetary claims had been presented in time. The claimant had been employed as a Kitchen Assistant/Relief Cook from 22 November 2002 until her employment ended by reason of redundancy on 6 March 2019. ACAS early conciliation started on 26 March 2019 and the certificate was issued on 11 April 2019. The tribunal found the deadline for presentation was 5 June 2019, extended by 16 days to 21 June 2019, and that the claim was not accepted until 24 June 2019, three days late.

On the unfair dismissal and monetary claims, the claimant said she tried to submit her ET1 by email from Uganda on 5 June 2019, but that method was rejected because a claim could not validly be presented by email. She then submitted a paper claim on 11 June 2019 without the ACAS early conciliation number; it was returned as invalid on 13 June 2019. The tribunal accepted her evidence, but found it was reasonably practicable for her to add the early conciliation number in time. It also noted that she gave no explanation for the further delay between 13 June and 24 June 2019 beyond saying that she was moving home. It therefore dismissed the unfair dismissal claim under section 111 ERA 1996 and dismissed the monetary claims, which the reasons identified as including unlawful deductions from wages and breach of contract, on the same time-limit basis.

The discrimination claims for disability, sex, race and age were also dismissed. The tribunal noted that the claimant had been formulating a very extensive claim since dismissal, but she did not explain why it was not validly presented within time. Applying the just and equitable test under section 123 Equality Act 2010 and the authorities it cited, the tribunal held that the delay was short but crucial and that it was not just and equitable to extend time. The hearing fixed for 11 to 14 May 2021 was discharged.