Miss M Kegg v Mobica Limited — 2020

At the preliminary hearing before Employment Judge Hill sitting alone on 25 August 2020, the claimant withdrew her sexual orientation discrimination claim, and the judgment records that it was dismissed upon withdrawal. The Tribunal then determined whether it had jurisdiction to hear the remaining constructive unfair dismissal and sex discrimination claims, both of which had been presented on 9 December 2019.

Applying section 111(2) of the Employment Rights Act 1996 and section 123(1) of the Equality Act 2010, the Tribunal found that both remaining claims were out of time. It held that the constructive unfair dismissal claim was 2 months and 20 days late, on a limitation date of 20 September 2019, and that the sex discrimination claim was 3 months and 24 days late, on a limitation date of 17 August 2019.

In considering whether to extend time, the Tribunal accepted that the claimant had been affected by the incident, but found that the evidence did not show that her mental health prevented her from bringing the claims in time. It noted the absence of medical evidence, uncertainty as to whether she had sought medical assistance, her ability to take a holiday and start new employment on 2 July 2019, and the fact that she had spoken to a HR professional and at least two legal advisers before 31 October 2019.

The Tribunal rejected the explanation that the delay after instructing solicitors was caused by an attempt to settle the dispute, because it found there had been no settlement discussions or communications between the parties between 31 October 2019 and 9 December 2019. It also accepted the respondent's point that the delay made it harder to contact the alleged perpetrator and obtain witness evidence. The Tribunal concluded that it was not reasonably practicable to present the constructive unfair dismissal claim in time and that it was not just and equitable to extend time for the discrimination claim, so both remaining claims were dismissed.