Miss Taylor-Blaire, Lay representative For the v Respondent — 2019

This was a preliminary hearing before Employment Judge Bedeau in which the respondent sought to strike out the claim for failure to comply with an Unless Order and on the basis that the claims were out of time. The claimant also applied to amend the claim form to add wrongful dismissal. The claimant's case, as described in the judgment, involved allegations of age, race, sex and sexual orientation discrimination, together with unfair dismissal.

The tribunal refused the respondent's strike-out application based on non-compliance with the Unless Order. It held that the claimant had substantially complied with the order and that it would be unjust to dismiss the claims. The tribunal also refused to strike out the claims for being out of time, holding that there was an arguable case to be heard by a full tribunal and that the limitation issue, including any just and equitable extension of time, would be determined after evidence. The respondent's reliance on CLFIS (UK) Limited v Reynolds was recorded in the reasons.

The tribunal refused the claimant's application to amend the claim form to add wrongful dismissal because it was out of time and no good reason for the delay had been shown. The judgment records that the claimant said she was not pursuing unfair dismissal, age discrimination or sexual orientation discrimination, and those claims were dismissed upon withdrawal. No monetary remedy was awarded or recorded in this judgment.