The claimant in person, supported by her husband Mr Chhetri For the v Mr Mark Clayton, solicitor Interpreter Ms Gurung, Nepali interpreter — 2024

The claimant, a Nepalese care assistant employed from 1 November 2020 to 17 February 2022, was summarily dismissed for gross misconduct and her appeal was rejected on 23 March 2022. She presented her ET1 on 3 March 2023. The hearing before Employment Judge Hogarth was confined to limitation and jurisdiction. The tribunal also held that, because her service had not reached two years by the date of termination, she had no ordinary unfair dismissal claim.

For the dismissal-related and money claims, the tribunal held that unfair dismissal, wrongful dismissal (notice pay), accrued holiday pay and whistleblowing detriment were out of time. It accepted medical evidence showing severe depression around 15 February and 22 March 2022, but found that her symptoms had improved to a moderate level by 20 July 2022. By then she had also received advice or information from a solicitor acting for her in relation to an accident claim, her union representative and the CAB, and the tribunal found that she had a reasonable opportunity to bring proceedings from that date onwards. The fact that she contacted ACAS only after seeing an advertisement on Facebook in February 2023 did not make the earlier delay reasonable.

For the race and religion or belief discrimination and harassment claims, the tribunal held that the allegations were also out of time and that it was not just and equitable to extend time. It treated the dismissal and appeal allegations as a course of conduct ending on 23 March 2022, while the earlier allegations about a mangal sutra, being hit by Cathy, being locked in a room by Claire, and a comment about lamb and beef were treated as earlier incidents in 2021 and early 2022. The tribunal made no findings on whether those events occurred or amounted to discrimination or harassment, and it found no basis on the evidence to extend time.