Case 2416687/2019 · Employment Tribunal
Ms H Lu v University of Salford PRELIMINARY HEARING — 2020
- Case reference
- 2416687/2019
- Decision date
- 29 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Batten REPRESENTATION
- Venue
- Manchester
Parties
2 namedClaimant
Ms H Lu
Key findings
Tribunal's reasoningAt a preliminary hearing on 9 December 2020 before Employment Judge Batten, the tribunal considered Ms H Lu's race and sex discrimination complaints in proceedings 2416687/2019 and her constructive unfair dismissal complaint in proceedings 2415419/2020. The discrimination complaints were dismissed because they had not been presented within the time limit in section 123 of the Equality Act, and the tribunal did not consider it just and equitable to extend time.
The tribunal also dismissed the constructive unfair dismissal complaint. It found that the claim had not been presented in accordance with section 111 of the Employment Rights Act 1996 and that it was reasonably practicable for the claim to have been presented before the end of the three-month period.
The claimant's application to amend her claim to include constructive unfair dismissal was refused. The judgment records that reasons were given orally at the hearing and that written reasons would not be provided unless requested within 14 days.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Dismissed at preliminary hearing because the complaint was not presented in time; the tribunal did not consider it just and equitable to extend time. The judgment text refers to section 123 of the Equality Act. | Dismissed | Race | — |
| Sex discrimination | Dismissed at preliminary hearing because the complaint was not presented in time; the tribunal did not consider it just and equitable to extend time. The judgment text refers to section 123 of the Equality Act. | Dismissed | Sex | — |
| Constructive dismissal | The complaint of constructive unfair dismissal in proceedings 2415419/2020 was dismissed as out of time under section 111 of the Employment Rights Act 1996 because the tribunal was satisfied it was reasonably practicable to present the claim before the end of the three-month period. | Dismissed | — | — |
Legal tests applied
4 references- section 123 Equality Act
- just and equitable to extend time
- section 111 Employment Rights Act 1996
- reasonably practicable
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.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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