No attendance or v Respondent — 2019

The claimant presented an ET1 on 28 August 2019 alleging disability discrimination, sex discrimination, and claims for 'other payments'. The tribunal treated the employment as ending on 5 March 2019, in the claimant's favour, because the respondent's bundle did not include a resignation document. On that basis, primary limitation expired on 4 June 2019, and the claim was presented about 10 weeks late.

The claimant had indicated in the ET1 that she should be exempt from time limits for health reasons, but no medical evidence was provided to the tribunal. The tribunal also noted that the claimant had not communicated with the tribunal after issue, had not replied to an earlier request to clarify the claim, and did not attend the preliminary hearing. Although the claimant had emailed the respondent's solicitor on 24 June 2020 saying she wished the tribunal to see a sick note, it had not been provided to the tribunal or added to the bundle.

In the absence of evidence from the claimant and in the absence of any material supporting an extension, the tribunal found there was no basis to conclude that it would be just and equitable to extend time. The claim was therefore struck out for lack of jurisdiction because it had been presented out of time. No substantive findings were made on the merits of the discrimination allegations or the 'other payments' claim, and no monetary remedy was awarded.