Ms D Shields v Quadient Ltd — 2022

Ms D Shields brought claims against Quadient Ltd including unfair dismissal, breach of contract, and complaints under the Equality Act 2010. On the preliminary issue heard by Employment Judge O’Brien on 24 March 2022, the tribunal held that the unfair dismissal complaint was presented outside the statutory time limit in s111(2)(a) of the Employment Rights Act 1996 and refused to extend time under s111(2)(b). That complaint was dismissed.

The tribunal also held that the breach of contract claim for damages was submitted outside the time limit in article 7(a) of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 and refused to extend time under article 7(c). That claim was dismissed.

As to the Equality Act 2010 complaints, the tribunal found they were submitted outside the time limit in s123(1)(a), but extended time under s123(1)(b) for the most recent allegations pleaded in paragraphs 38, 39, 45 and 46 of the Rider to ET1 and any others with which they constituted an act extending over a period. The tribunal said it was arguable that all of the Equality Act complaints were so related and therefore refused to dismiss any of them at that stage, without prejudice to any final hearing decision on limitation.