Case 3301144/2021 · Employment Tribunal
Ms A Zenderowska v Morgan Sindall Construction and Infrastructure Limited — 2022
- Case reference
- 3301144/2021
- Decision date
- 28 April 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Daniels
Parties
2 namedClaimant
Ms A Zenderowska
Key findings
Tribunal's reasoningAt the preliminary hearing on 24 March 2022, Employment Judge Daniels sitting alone held that the sex discrimination claims were out of time. The tribunal found it would not be just and equitable to extend time, so the Equality Act 2010 claims were dismissed.
The tribunal held that the claims for breach of contract and unlawful deduction from wages relating to 4 days' unpaid pay were in time because it was not reasonably practicable to present them in time and they were lodged within a reasonable period afterwards. Those claims were allowed to proceed, and the respondent's response to the 4 days' unpaid pay claim was said to have little reasonable prospect of success, leading to a separate deposit order.
The tribunal also dismissed the breach of contract claim concerning notice pay because notice pay had been paid in full. The judgment recorded the unpaid pay issue as relating to 10 to 14 June 2021 and to a sum of £1,230.76, but no final award was made at this stage.
Claims and outcomes
4 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Sex discrimination | All sex discrimination claims were found out of time. The tribunal held it would not be just and equitable to extend time, so the Equality Act 2010 claims were dismissed. | Dismissed | Sex | — |
| Breach of contract | The breach of contract claim concerning 4 days' unpaid pay between 10 and 14 June 2021 was held to be in time because it was not reasonably practicable to present it in time and it was submitted within a reasonable period thereafter. It was allowed to proceed, subject to a separate deposit order. | Other | — | — |
| Unlawful deduction from wages | The unlawful deduction from wages claim concerning 4 days' unpaid pay between 10 and 14 June 2021 was held to be in time because it was not reasonably practicable to present it in time and it was submitted within a reasonable period thereafter. It was allowed to proceed, subject to a separate deposit order. | Other | — | — |
| Breach of contract | The breach of contract claim concerning notice pay was dismissed because the tribunal found notice pay had been paid in full. | Dismissed | — | — |
Legal tests applied
3 references- just and equitable to extend time
- not reasonably practicable
- little reasonable prospect of success
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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