Mrs Nadia Zeyani v Represented by: Mr K McGuire - Advocate Kunti & Kunti Ltd — 2022

Mrs Nadia Zeyani brought a claim of discrimination because of pregnancy against Kunti & Kunti Ltd. The hearing on 26 November 2021, before Employment Judge L Wiseman, was concerned with whether the claim had been presented in time and with an application to amend the claim to add automatically unfair dismissal, notice pay, wages, holiday pay and a failure to provide written particulars. The respondent was a hairdresser and beautician business; the claimant had started work in August or September 2020, the business closed on 24 December 2020 for lockdown, and the parties disputed whether her employment ended on 31 December 2020 or 11 February 2021, when she said she received her P45.

The tribunal found that the claimant presented her ET1 on 25 March 2021 and that it was rejected on 30 March 2021 because the name on the early conciliation certificate did not match the name on the claim form. Although the claimant later sought reconsideration and the claim was accepted on 6 July 2021, the tribunal held that the relevant delay was from 30 March to late June. It considered the claimant's explanation that she had not received the 30 March letter, but did not find that explanation entirely reliable because the address was correct and she had no general difficulty receiving post.

The tribunal also rejected the explanation that she had delayed because she thought the tribunal would be under pressure during Covid, describing that as an erroneous assumption. It accepted that she had given birth on 26 April 2021, but found there was no evidence that this prevented her from acting before late June, and it noted that there was an unexplained period of about eight weeks after the birth and before 18 June. Applying section 123 Equality Act 2010, the tribunal concluded that it was not just and equitable to extend time and therefore the claim was presented late.

Because the tribunal held that it had no jurisdiction to determine the claim, it did not proceed to decide the amendment application. No remedy was awarded.