Case 3312968/2023 · Employment Tribunal
Miss G Faulkner v The Governing Body of Giles Junior School; and and 1 other — 2024
- Case reference
- 3312968/2023
- Decision date
- 2 December 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge M Warren Representation
Parties
3 namedClaimant
Miss G Faulkner
Key findings
Tribunal's reasoningThis was a case management preliminary hearing on the issue of time limits. Miss Faulkner had been employed by the Governing Body of Giles Junior School as a Learning Mentor from 21 January 2016 until 21 July 2023. She presented proceedings on 3 November 2023 after Early Conciliation ran from 25 September 2023 to 27 September 2023.
The respondents said the claims were out of time. The tribunal considered the effect of Early Conciliation under section 207A and section 207B of the Employment Rights Act 1996, and relied on Luton Borough Council v Haque. It held that the three-month limitation period, calculated from the termination date, expired on 20 October 2023, that the two-day Early Conciliation period extended time to 22 October 2023, and that section 207B(4) then added a further month because the Day B certificate fell within one month of expiry.
On that basis, the limitation date became 22 November 2023. Because the ET1 was issued on 3 November 2023, the tribunal found that the claims were in time. The judgment records that the unfair dismissal, disability discrimination, redundancy payment and notice pay claims were therefore within jurisdiction. No merits findings or remedy awards were made at this hearing.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal did not decide the merits of the dismissal claim. It held that the claim was in time and that it had jurisdiction to consider it. | Other | — | — |
| Disability discrimination | The tribunal did not decide the merits of the disability discrimination claim. It held that the claim was in time and that it had jurisdiction to consider it. | Other | Disability | — |
| Redundancy | The tribunal did not decide the merits of the redundancy payment claim. It held that the claim was in time and that it had jurisdiction to consider it. | Other | — | — |
| Breach of contract | This entry reflects the notice pay claim referred to in the judgment. The tribunal did not decide the merits of that claim, only that it was in time and within its jurisdiction. | Other | — | — |
Legal tests applied
4 references- Luton Borough Council v Haque
- s.207A(3) ERA 1996
- s.207B(3) ERA 1996
- s.207B(4) ERA 1996
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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