No appearance or v Respondent — 2022

This was a preliminary hearing before Employment Judge Truscott QC on 20 July 2022. The claimant, Mrs J John, did not appear or be represented. The respondent was represented by Ms W Miller of Counsel. The tribunal recorded that the claimant had made no contact with ACAS, had ticked “no” to the ET1 question about an early conciliation certificate number, and had presented the claim on 23 September 2021 about events said to have occurred in November 2020.

The tribunal held that the disability discrimination claim was not presented in accordance with the Early Conciliation Regulations and that, accordingly, it had no jurisdiction. It also held that the claim was presented outside the primary limitation period in section 123(1)(a) of the Equality Act 2010.

The tribunal found no evidence that the allegations formed part of a continuing act under section 123(3)(a) of the Equality Act 2010, and no basis on which it would be just and equitable to extend time under section 123(1)(b). In the absence of evidence explaining the delay or supporting an extension, the claim was dismissed. The hearing listed for 16 to 18 November 2022 was discharged.