Svetlana Siwek v Staffline Recruitment Limited — 2022

The hearing was an open preliminary hearing to decide disability status, jurisdiction for an unfair dismissal claim, time limits, and whether the claims should be struck out or made subject to a deposit order. The tribunal accepted, on the claimant's representative's submission, that employment ended by resignation on 28 June 2021, so the unfair dismissal claim was not out of time.

The tribunal found the claimant had not provided sufficient evidence to show disability under the Equality Act 2010. The GP letter and sick notes did not show the effect of anxiety and depression, keratoconus, or low back pain on day-to-day activities, and there was no impact statement or other evidence from the claimant.

The tribunal struck out the constructive automatically unfair dismissal claim as having no reasonable prospect of success. It found the facts advanced did not bring the claim within section 100 ERA 1996, and that the period between the claimant last attending work on 20 March 2020 and resigning on 28 June 2021 was too long for the constructive dismissal claim to have any chance of success. It also noted likely affirmation of the contract and that the claimant did not have two years' service.

For the race and sex discrimination claims, and alternatively for any disability discrimination claim had disability been established, the tribunal found the claims were out of time. It found that nothing relevant happened after 30 August 2020, the first claim was filed on 15 July 2021, and there was no evidenced reason for the delay. Taking account of the length of delay, absence of evidenced reasons, and prejudice to the respondent in defending old allegations reliant on oral evidence, it was not just and equitable to extend time.