Miss Griselda Amissah v London Borough of Islington and 2 others — 2023

This was a preliminary hearing before Employment Judge Michell (sitting alone) at Bury St Edmunds on 2 November 2023. The claimant, a teacher who had accepted voluntary redundancy with an EDT of 31 August 2022, brought claims of constructive unfair dismissal under s.98 ERA and direct race discrimination under s.13 Equality Act 2010 against the London Borough of Islington (R1), the former head teacher (R2) and the acting head (R3). The tribunal addressed an amendment application, time-limit issues, and the respondents' applications to strike out or for a deposit order.

The judge held that the unfair dismissal claim against R1 was presented out of time and that it had been reasonably practicable to present it in time, so that claim was dismissed. The s.13 and s.26 EqA claims against R2 and R3 were also out of time and the judge was not satisfied that it was just and equitable to extend time, so all claims against R2 and R3 were dismissed. The claimant was permitted to amend to add race-related harassment in respect of the existing allegations, but those harassment claims were dismissed alongside the underlying claims; the remainder of the amendment application was refused.

In respect of R1, the judge concluded that the discriminatory constructive dismissal claim under s.39(2)(c) EqA was also out of time, but, with some hesitation, found it just and equitable to extend time. The judge declined to strike out that claim on merits grounds but considered there was little reasonable prospect of success and ordered the claimant to pay a deposit of £700 by 31 December 2023 as a condition of continuing. All other claims against R1 were dismissed. The claimant's schedule of loss was approximately £152,000 and her current earnings were about £48,000 per annum gross.