Mr R Kohanzad, Counsel For the v Miss S Lawrence, In-house Solicitor — 2022

At an open preliminary hearing in Nottingham on 8 April 2022, Employment Judge P Britton sat alone. Ms Angela Unufe was represented by Mr R Kohanzad and Elysium Healthcare Limited by Miss S Lawrence. The tribunal recorded that the unfair dismissal claim and the claim for unlawful deduction from wages or breach of contract were dismissed upon withdrawal. The only live issue was the direct race discrimination claim under s.13 Equality Act 2010, which had been presented on 29 September 2021.

The tribunal found that the effective date of termination was 27 April 2021, not 14 April 2021 and not 23 April 2021. It found that the claimant was not told she had been dismissed at the disciplinary hearing on 14 April 2021, that the dismissal letter was dated 23 April 2021, and that she would have received it by 27 April 2021 at the latest. On that basis the primary time limit expired on 26 July 2021. After taking account of ACAS early conciliation from 16 July to 28 August 2021 under s.140B Equality Act 2010, the tribunal held that the claim deadline became 28 September 2021, so the ET1 was one day late.

The tribunal applied the just and equitable extension test under s.123 Equality Act 2010, referring to Adedeji v University Hospitals Birmingham NHS Foundation Trust and Abertawe Bro Morgannwg University Local Health Board v Morgan. It accepted the claimant's explanation for the delay, including that she had no prior tribunal experience, had been supported by the RCN in the disciplinary process and appeal, had thought ACAS was still dealing with the matter, was occupied with proceedings before the NMWC, and said her health had deteriorated. The tribunal found that explanation credible, noted that the respondent did not advance a prejudice argument, and decided that it was just and equitable to extend time so the race discrimination claim could proceed. Case management directions then followed.