Mr Anthony Terence-Hughes v Joe & The Juice UK Ltd — 2021

At a remote public preliminary hearing on 11 May 2021, Employment Judge Doyle considered whether Mr Anthony Terence-Hughes's claim was presented in time. Mr Terence-Hughes did not attend and was not represented. The tribunal took the claim at its highest as alleging that his dismissal on 23 March 2020 was an act of sex discrimination and that the respondent's alleged failure to respond to communications after dismissal until 8 June 2020 was also sex discrimination. The respondent said the dismissal formed part of Covid-19-related redundancies across its business, affecting both male and female employees, and that probationary staff were made redundant.

Applying section 123 of the Equality Act 2010, the tribunal held that the claim was out of time. If the complaint was only about the dismissal, the primary limitation period expired on 22 June 2020. If the latest possible act was the alleged failure to respond on 8 June 2020, the claim was still out of time because Acas early conciliation was not started until 8 September 2020, so section 140B could not extend time. The tribunal found there was no material before it to justify a just and equitable extension, and it therefore held that it had no jurisdiction and dismissed the claim.

The judge noted that no evidence was heard and no findings of fact were made at the preliminary hearing. The reasons also recorded that, if reconsideration were sought, the claim might additionally face strike-out consideration under rule 37(1)(a) and rule 37(1)(d), and possibly a deposit order under rule 39, but those points were not decided in the judgment.