Mrs H K Basram v Shipleys Foodservice Limited — 2022

At the preliminary hearing on 14 January 2022, Employment Judge Anstis considered only whether the tribunal had jurisdiction to hear Mrs H K Basram's unfair dismissal and age discrimination claims, both of which the claimant accepted were presented outside the primary time limits. The parties proceeded on legal submissions only and no evidence was heard. The tribunal found the earliest possible termination date was 2 March 2020 and the latest was 18 April 2020, when the claimant received her P45.

On unfair dismissal, the tribunal accepted that the claimant had a good explanation for not seeking legal advice until 20 October 2020, but found no good explanation for the further delay before the claim was issued on 5 January 2021. It held that even if it was not reasonably practicable to present the unfair dismissal claim within the primary time limit, the claim was not brought within a reasonable time afterwards, so the tribunal had no jurisdiction and dismissed the claim.

On age discrimination, the tribunal applied the just and equitable extension test and declined to extend time. It said the respondent would be substantially prejudiced by having to answer an out-of-time claim, particularly because it would require consideration of the fact-sensitive issue of whether the claimant resigned or was dismissed, and it found no adequate explanation for the delay in presenting the claim. The judgment also records that notice pay and holiday pay were not dealt with at the hearing and were to continue, with a separate unless order issued.