In person For the v Respondent — 2021

Mrs A Mahadevan brought claims of unfair dismissal, age and race discrimination, and unpaid wages. The tribunal dealt first with the discrimination claims and found that the complaints were brought out of time. It held that it was not just and equitable to extend time under s.123 Equality Act 2010. The claimant relied on stress and depression after the October 2018 meeting with Amy Stoner, but the tribunal noted that she had taken CAB advice, had help from her brother, had pursued other grievances, and had not produced medical evidence. It also found that the respondent would face real prejudice because Amy Stoner had left employment before the discrimination allegations were raised.

The unfair dismissal claim was struck out under Rule 37. The tribunal found that the respondent had a potentially fair reason for dismissal because St James’s Place Wealth Management requested that the claimant be removed from the contract on which she was deployed. It held that the respondent followed its third party pressure policy by verifying the request, asking the client to reconsider, and offering enhanced training, performance management, and supervision. The client maintained its position on 13 March 2019.

The tribunal also found that the respondent made a reasonable search for alternative employment between February and May 2019. It referred to meetings on 21 February, 7 March, 19 March, 18 April, and 3 May, and to alternative roles discussed and circulated during that period. The claimant declined some roles and said another would not suit her health or hours. On the documentary evidence, the tribunal concluded that she had no reasonable prospect of showing the procedure was unfair. It also rejected the unlawful deduction claim because the claimant had only been paid late on one occasion.