Claimant v Paletta v MacDonald Hotels Ltd — 2020

The claimant, Miss V Paletta, had worked for the respondent as a waitress and her employment ended on 12 May 2017. She gave birth on 21 July 2017, entered early conciliation on 10 January 2018, and presented her claim on 17 January 2018. At this open preliminary hearing before Employment Judge R Lewis sitting alone, the claimant did not attend, sought an adjournment because her babysitter had called in sick, and the tribunal refused the adjournment in view of the history of delay and the further delay another listing would have caused.

The tribunal held that the unfair dismissal, maternity pay, holiday pay and notice pay claims were presented out of time and that the claimant had not shown it was not reasonably practicable to present them within the statutory time limit. It relied on the claimant's own statement, which showed that she knew the relevant facts on 12 May 2017, had some support from a partner and had tried to contact the CAB, but there was no medical evidence showing incapacity to take online advice or submit an ET1. It therefore struck those claims out.

For the discrimination claim, described as dismissal on grounds of sex/pregnancy, the tribunal applied the just and equitable test and again refused to extend time. It noted that the claimant had not complied with Employment Judge Gumbiti-Zimuto's earlier order for medical evidence, that primary limitation expired on 11 August 2017 and the claim was presented on 17 January 2018, that the alleged discriminator Mr Attolico had left the respondent's employment, that the claimant discussed her rights with management on 6 July 2017, and that the case had not been pursued with urgency. The discrimination claim was also struck out.