Case 3201268/2020 · Employment Tribunal
Mrs Leigh Hedley-Mansfield v Comeval Limited and 2 others — 2021
- Case reference
- 3201268/2020
- Decision date
- 18 February 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tobin Representation
Parties
4 namedClaimant
Mrs Leigh Hedley-Mansfield
Key findings
Tribunal's reasoningThe case was heard remotely by Cloud Video Platform on 16 and 17 February 2021 before Employment Judge Tobin. The tribunal did not determine the merits of the complaints. It held that the claimant's constructive unfair dismissal claim was presented outside the time limit in s111(2) Employment Rights Act 1996, that it was reasonably practicable for the claim to have been presented in time, and that it was not presented within any further period the tribunal considered reasonable.
The tribunal made the same jurisdictional finding in relation to the claims for unlawful deduction of wages, outstanding holiday pay and other payments under s23(4) Employment Rights Act 1996. It also held that the discrimination claims based on pregnancy/maternity, disability, marriage or civil partnership and sex were presented outside the time limit in s123 Equality Act 2010 and that it was not just and equitable to extend time. Proceedings were dismissed, and the hearing listed for October 2021 was stated not to proceed.
Claims and outcomes
8 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Marriage or civil partnership discrimination | Held to have been presented outside the s123 Equality Act 2010 time limit; the tribunal found it was not just and equitable to extend time. | Dismissed | Marriage / civil partnership | — |
| Sex discrimination | Held to have been presented outside the s123 Equality Act 2010 time limit; the tribunal found it was not just and equitable to extend time. | Dismissed | Sex | — |
| Unfair dismissal | Constructive unfair dismissal. The tribunal held the claim was presented outside the s111(2) Employment Rights Act 1996 time limit, that it was reasonably practicable to present it in time, and that it was not brought within any further reasonable period. | Dismissed | — | — |
| Unlawful deduction from wages | The judgment grouped this with outstanding holiday pay and other payments. It was held to be outside the s23(4) Employment Rights Act 1996 time limit, with no jurisdiction to consider it. | Dismissed | — | — |
| Holiday pay | The judgment grouped this with unlawful deduction of wages and other payments. It was held to be outside the s23(4) Employment Rights Act 1996 time limit, with no jurisdiction to consider it. | Dismissed | — | — |
| Other | The judgment referred to 'other payments' in the same jurisdiction ruling as unlawful deduction of wages and holiday pay. No separate legal basis was specified, and the claim was held out of time under s23(4) Employment Rights Act 1996. |
Legal tests applied
5 references- s111(2) Employment Rights Act 1996
- reasonably practicable
- s23(4) Employment Rights Act 1996
- s123 Equality Act 2010
- just and equitable
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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