Mrs Parminder Dosanjh v Reckitt At an attended Preliminary Hearing in Public — 2023

Mrs Dosanjh brought claims of unfair dismissal, race discrimination, sex discrimination and arrears of pay arising from events over a number of years and from the end of her employment on 28 March 2022. The tribunal recorded that her resignation was dated 28 February 2022, that the ET1 was presented on 6 September 2022, and that the relevant time limit had expired by 27 June 2022 at the latest. Early conciliation did not begin until after that date, so all claims were out of time unless time could be extended.

For the unfair dismissal and arrears/wages claims, the tribunal applied the not reasonably practicable test. It accepted that the claimant had union assistance, had sought advice from Citizens Advice and solicitors, had contacted ACAS, and had tried to complete early conciliation, but found that it was reasonably practicable to present the claim in time or at least to correct the failed ACAS notification before the deadline. The tribunal also found the later delay after the deadline, including the period between the ACAS process and presentation of the ET1, was not adequately explained.

For the discrimination claims, the tribunal applied the just and equitable test. It considered the length and reasons for delay, the effect of delay on the evidence, the promptness of the claimant's actions, the advice she had received, and the merits. It noted that the allegations were framed over a lengthy period, that some explanations for the treatment given in the ET1 were non-discriminatory, and that the protected characteristic being relied on appeared to shift depending on the comparator. The tribunal refused to extend time and dismissed all claims for lack of jurisdiction, with no award made.