Claimant v Nottingham City Commissioning Group — 2018

Mrs T Akinyosoye-Rodney’s claim arose from employment with Nottingham City Commissioning Group that ended on 17 April 2019. For the unfair dismissal claim, the tribunal calculated that the ET1 should have been presented by 16 September 2019 after early conciliation, and found the form was lodged on 17 September 2019, one day out of time. It accepted that she had tried to submit the claim on 16 September, but found no medical evidence showing that illness prevented a timely filing, no proof of a general system problem, and no sufficient basis to conclude that it was not reasonably practicable to present the claim in time. The tribunal therefore refused an extension under s.111 ERA 1996 and struck out the unfair/constructive unfair dismissal claim.

For the race discrimination complaint, the tribunal treated the termination date as the last alleged act for limitation purposes at this preliminary hearing and found the claim was also presented one day late. It nevertheless granted an extension of time under s.123 EqA 2010, relying on the short delay, the Respondent’s notice of the allegations through the April 2019 grievance and subsequent investigation, and the balance of prejudice between the parties. The tribunal said the continuing act question would be left for the final hearing.

The tribunal then dealt with amendment applications. It allowed amendments adding the "Nanook from the North" allegation and the allegation about spelling or pronouncing the Claimant’s name, subject to limitation points being revisited at final hearing. It refused amendments concerning comparative treatment of the Claimant’s health issues and DD, the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, a victimisation claim, and events before July 2018.

On the strike-out/deposit application, the tribunal struck out one allegation about "goalposts" being moved because it lacked sufficient clarity, but refused strike out or a deposit order for the remaining allegations, including complaints about support, mediation, emails, and the dismissal-related discrimination issue. No remedy was awarded at this hearing; the case was listed for a further telephone case management hearing.