Case 2404841/2022 · Employment Tribunal
Ms M Gregory v Emmaus Catholic Academy Trust — 2022
- Case reference
- 2404841/2022
- Decision date
- 21 November 2022
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Ms M Gregory
Respondent
Key findings
Tribunal's reasoningMs Gregory presented her claim on 21 June 2022, but she did not resign until 27 June 2022. The tribunal said the ACAS early conciliation certificate was dated 1 June 2022, so time had not started to run for the purposes of section 111 Employment Rights Act 1996 and section 123 Equality Act 2010 when the claim was presented. On that basis, the tribunal held that it could not hear the unfair (constructive) dismissal claim and struck it out for want of jurisdiction.
The tribunal also stated that the claimant's remaining five allegations of direct race discrimination and/or harassment would proceed to the listed hearing on 11, 12 and 13 April 2023. It found those allegations had been presented out of time, but allowed them to continue because they formed a course of conduct and it exercised discretion to permit them outside the time limit. The judgment identified the allegations as concerns about rota changes, being told to return to work during a video remote court appointment, enquiries about WhatsApp updates during childcare absence, being told to record a child protection incident on CPOMS, and refusal of a request to change working days to attend university.
The tribunal permitted amendment to add the October 2021 CPOMS allegation and the December 2021 working-days allegation. It refused permission to amend the claim to add an allegation that the governors had failed to progress a grievance presented on 30 May 2022. The hearing was listed before an Employment Judge sitting with two non-legal members.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The tribunal held it did not have jurisdiction to hear the unfair (constructive) dismissal claim because the claimant presented her claim on 21 June 2022 before resigning on 27 June 2022, and the ACAS early conciliation certificate was dated 1 June 2022. The judgment also referred to the related discriminatory constructive dismissal formulation under section 13 Equality Act 2010 as not capable of being heard. | Struck out | — | — |
Legal tests applied
2 references- s.111 Employment Rights Act 1996
- s.123 Equality Act 2010
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
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