Case 3314899/2020 · Employment Tribunal
Ms P Kosobucka v Alexir Co Packers Limited — 2020
- Case reference
- 3314899/2020
- Decision date
- 24 October 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McLaren Appearances
Parties
2 namedClaimant
Ms P Kosobucka
Respondent
Key findings
Tribunal's reasoningMs P Kosobucka complained of sexual harassment and unfair dismissal against Alexir Co Packers Limited. The tribunal found that she first reported the harassment complaint on 24 June 2020, relating to an incident on 25 May 2020, and later gave further details in July 2020. It accepted the respondent's evidence that Mr Keable said the behaviour was unacceptable, took steps to safeguard her, reorganised the production rooms so she would not need to work with the colleague concerned, and explained the steps being taken. On that evidence, the tribunal found the matter had effectively been dealt with by 27 June 2020.
The tribunal held that the harassment complaint was out of time. It treated the allegations as a series of acts ending on 10 June 2020, so the claim should have been presented by 9 September 2020, plus the ACAS early conciliation extension. The claim was not presented until 15 December 2020. The tribunal rejected an extension of time under section 123 Equality Act 2010, finding that the claimant had knowledge of the ACAS process by 24 October 2020 at the latest, that the medical evidence did not show she was unable to bring a claim earlier, and that the delay had prejudiced the respondent because key witnesses had left.
The dismissal complaint also failed. The tribunal found the claimant had not told the respondent that she was resigning and that her conduct was consistent with ongoing employment, including continuing to submit sick notes, cooperate with HR, and accept a bonus payment available only to staff. It therefore struck out the unfair dismissal claim as having no reasonable prospect of success.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Harassment | The tribunal held that the alleged sexual harassment complaints were out of time. It found the relevant conduct was a series of acts between 25 May 2020 and 10 June 2020, but the claim was not presented until 15 December 2020 and was more than two months outside the extended time limit. It refused to extend time as just and equitable under section 123 Equality Act 2010. | Dismissed | Sex | — |
| Unfair dismissal | The tribunal struck out the dismissal claim for no reasonable prospect of success. It found the claimant had not notified the respondent that she was resigning, continued to act as if employed, submitted fit notes, engaged with HR, and accepted a staff bonus payment. The tribunal considered the claim inconsistent with her conduct. | Struck out | — | — |
Legal tests applied
7 references- s.123 Equality Act 2010
- s.123(3)(a) continuing act
- just and equitable extension
- Robertson v Bexley Community Centre t/a Leisure Link
- Commissioner of Police of the Metropolis v Hendricks
- Rule 37 no reasonable prospect of success
- Rule 39 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.
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