Ms M Sonoo v Parvy Homes Limited — 2022

At a preliminary hearing on 16 August 2022 before Employment Judge Anderson, the tribunal recorded that the claims of sexual orientation discrimination, unpaid wages and other payments were withdrawn. The reasons state that, after discussion, the claimant's representative said the claimant had misunderstood sexual orientation discrimination and that there was no such claim; the reasons also say there was no claim for unpaid wages or other payments.

The unfair dismissal claim was struck out for no reasonable prospect of success. On the claimant's evidence, the judge found she was not dismissed on 4 May 2021 because she was still considering whether to return to work, the respondent asked her on 5 August 2021 whether she wanted to come back, and she confirmed that she had not resigned. The judgment noted that constructive unfair dismissal was not being claimed, and cited Cox v Adecco and ors 2021 ICR 1307, EAT when observing that strike-out should rarely be used in fact-sensitive cases.

The judge also held that, if the unfair dismissal claim had not been struck out, it would have been out of time and no extension would have been granted because it was reasonably practicable to present it in time. The claimant said she had been ill with anxiety and stress after 4 May 2021, but the judge noted that a grievance had been raised on 9 May 2021 and in writing on 28 August 2021, and that her husband had helped her. For the same limitation reasons, the holiday pay claim was held to be out of time and outside the tribunal's jurisdiction; it was lodged on 16 November 2021 after the alleged last act on 4 May 2021 and after early conciliation from 14 September to 20 October 2021.