Miss T Inglington-Jemmott v Picturehouse Cinemas Limited — 2021

Miss Tanya Inglington-Jemmott worked as a Food and Beverage Manager at the Respondent's Ritzy Picturehouse in Brixton from October 2018 until 7 June 2019. She presented a claim form on 28 October 2019 alleging race discrimination and 'other payments', which the tribunal treated as a wages claim for alleged unpaid overtime. ACAS early conciliation ran from 5 August 2019 to 5 September 2019, and the tribunal used 7 June 2019 as the effective date of termination for the wages time-limit analysis.

For the wages complaint, the tribunal held that the section 23 Employment Rights Act 1996 time limit expired on 7 October 2019 after taking the 31-day ACAS period out of account, so the claim was about three weeks late. It then considered whether it had been reasonably practicable to present the claim in time. The tribunal accepted that the claimant had some difficulties, including dyslexia, depression and anxiety, and limited internet access, but found that she knew there were time limits from her ACAS contact, had also consulted Greenwich Law Centre and appears to have contacted a union, and had not shown that presentation in time was not reasonably practicable.

For the race discrimination claim, the tribunal found that the last alleged act occurred on 3 June 2019 and that the claim was also presented around three weeks and a few days outside the three-month limit under section 123 Equality Act 2010. Applying the just and equitable test, and with reference to Adedeji, Robertson and Caston, the tribunal found no credible reason to extend time. It noted that there was no finding on whether there was conduct extending over a period for the purposes of section 123(3)(a). Because both claims were out of time, the tribunal dismissed the discrimination and wages claims and did not need to decide the respondent's other strike-out applications.