Claimant v Olaiya v Balgores Property Services Ltd — 2023

Ms V Olaiya brought complaints of unfair dismissal, unlawful deduction of wages, and discrimination on the grounds of race and disability against Balgores Property Services Ltd. At the hearing on 5 December 2023 before Employment Judge Jones, the tribunal decided the case on jurisdictional and time-limit grounds rather than on the merits.

The tribunal held that it did not have jurisdiction to hear the unfair dismissal complaint because the claimant was self-employed, had not worked for the respondent for the minimum two years required by section 108(1) Employment Rights Act 1996, and presented the claim on 2 August 2023, which was outside the stated limit of 29 April 2023 under sections 111(2) and 207B. It also found that it was reasonably practicable for the claim to have been presented in time, and the unfair dismissal complaint was struck out.

The unlawful deduction of wages complaint was also struck out. The tribunal again found that the claimant was self-employed and that the claim, presented on 2 August 2023, was outside the time limit under sections 23(2) and 207B Employment Rights Act 1996. The tribunal held that it was reasonably practicable for the complaint to have been brought in time.

For the discrimination complaints, the tribunal found that the last possible discriminatory act alleged was 18 November 2022, which the judgment also identified as the effective date of termination. The discrimination claims were presented on 2 August 2023, outside the time limit set by sections 123(1)(a) and 140B Equality Act 2010, said to expire on 29 April 2023. The tribunal did not exercise its discretion to extend time on a just and equitable basis, and the race and disability discrimination complaints were struck out.