Miss G Young v Wellington for Langley Hall PRELIMINARY HEARING BY CVP — 2023

At a preliminary hearing by CVP on 23 February 2023, Employment Judge Gumbiti-Zimuto refused the claimant's application for a postponement. Miss G Young did not attend or represent herself; the respondent was represented by counsel. The judgment recorded that the claim form of 3 August 2021 raised unfair dismissal, disability discrimination, notice pay and other payments.

The tribunal struck out the claim because the complaints were presented outside the applicable time limits. The judge found that the employment had ended either on 29 January 2021, when the claimant resigned, or alternatively on 2 February 2021, when the dismissal letter was sent, and in any event by 9 February 2021 the claimant would have received notice of dismissal. ACAS early conciliation took place only between 2 and 3 August 2021, and the claimant had not shown that it was not reasonably practicable to bring the claims in time or that it was just and equitable to extend time under s.123 Equality Act 2010.

The judge also noted that the claimant had not complied with an order made on 25 March 2022 to identify the physical or mental impairment relied on for the disability discrimination claim or provide information about its effect on day-to-day activities. The claim was therefore struck out for want of jurisdiction because it had been presented outside the relevant limitation periods, and the tribunal recorded that it had no prospect of success on the face of the case.