Mrs S Waheed v Language Empire Limited and 1 other — 2019

At a preliminary hearing on 29 April 2019, Employment Judge Grundy considered the claimant's claims arising from the ending of her work as an interpreter at Wythenshawe Hospital. The tribunal recorded that there was no criticism of the claimant's work, and that the dispute concerned whether her employment had transferred from Language Empire Limited to D A Languages Ltd or had otherwise ended, together with a claimed entitlement to a redundancy payment.

The tribunal held that the breach of contract claim and the claim for failure to consult under the TUPE provisions were out of time. It found that it was reasonably practicable to present those claims within the relevant time limit and that they were not presented within any reasonable further period. The tribunal noted that the claimant had notice of the transfer issue by late October 2017, but the claim was not presented until 31 May 2018.

By contrast, the redundancy payment claim was allowed to proceed. The tribunal found that the claimant had referred the question of her right to a redundancy payment to the tribunal within the relevant statutory period and that it was just and equitable for the claim to continue. In reaching that view, it took account of the reasons for delay, the length of the delay, the limited prejudice to the respondents, and the claimant's long service. The claim was listed for a full hearing before a different Employment Judge.