Case 3335121/2018 · Employment Tribunal
In person. For the v Respondent — 2019
- Case reference
- 3335121/2018
- Decision date
- 19 December 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Laidler Appearances
- Venue
- Bury St Edmunds
Parties
1 namedClaimant
In person. For the
Respondent
- —
Key findings
Tribunal's reasoningThe Tribunal, sitting at Bury St Edmunds before Employment Judge Laidler on 17 December 2019, dismissed the claimant's constructive unfair dismissal claim because she did not have two years' continuous service with the respondent. The judgment records that, in the alternative, the unfair dismissal claim was submitted out of time and the Tribunal did not have jurisdiction to determine it.
The Tribunal also dismissed the race and age discrimination complaints. It found that those complaints were submitted out of time and that it was not just and equitable to extend time. The written reasons add that, if that conclusion on time were wrong, the discrimination complaints would have been dismissed because they had no reasonable prospects of success, and that deposits would have been ordered as a condition of continuing to advance those allegations.
The judgment further records that complaints relating to two references given to the claimant after the end of employment were outside the Tribunal's jurisdiction within the meaning of s.108 of the Equality Act 2010, and those claims were dismissed. No monetary remedy was awarded.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | Dismissed because the claimant did not have two years' continuous service with the respondent to bring the claim. | Dismissed | — | — |
| Unfair dismissal | In the alternative, the unfair dismissal claim was said to have been submitted out of time and the Tribunal held it had no jurisdiction to determine it. | Dismissed | — | — |
| Race discrimination | The race discrimination complaints were found to be out of time and the Tribunal was not persuaded that it would be just and equitable to extend time. | Dismissed | Race | — |
| Age discrimination | The age discrimination complaints were found to be out of time and the Tribunal was not persuaded that it would be just and equitable to extend time. | Dismissed | Age | — |
| Other | The complaints relating to two post-employment references were dismissed for lack of jurisdiction under s.108 of the Equality Act 2010; the judgment does not identify a more specific legal label for those complaints. | Dismissed | — | — |
Legal tests applied
5 references- two years continuous service
- out of time
- just and equitable to extend time
- s.108 Equality Act 2010
- no reasonable prospects 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.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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