Miss K Holt v Langley & Brading Ltd — 2023

At the preliminary hearing on 1 November 2023, the claimant's unfair dismissal complaint and Equality Act complaints were considered after she had resigned from the salon on 20 September 2022 while pregnant. The claim form was first received on 14 April 2023, but the tribunal recorded that it was not validly presented until 3 May 2023 after the wrong respondent name was corrected. ACAS conciliation had run from 22 September to 3 November 2022.

On unfair dismissal, the tribunal applied the section 111(2) ERA 1996 'reasonably practicable' test, together with the ACAS stop-the-clock provisions, and concluded there were no reasonable prospects of showing that it was not reasonably practicable to present the claim after 30 January 2023. It accepted that January 2023 was a difficult period, but held that the claim could have been presented in February, March or early April 2023, so the unfair dismissal complaint was struck out.

On status, the tribunal found the written chair-rental arrangement did not reflect the parties' true agreement or how the relationship operated. It found there was an obligation of personal service, that the claimant could not in practice appoint a locum, and that the arrangement was not a genuine business-to-business contract. The tribunal held that she came within the Equality Act definition of employment under s.83(2)(b) and therefore had standing for her Equality Act complaints.

On limitation for the Equality Act complaints, the tribunal considered the 'just and equitable' discretion under s.123(1) EqA 2010 and held there were reasonable prospects that the Tribunal would extend time. The Equality Act complaints, including pregnancy/maternity, sex and disability allegations, were therefore not struck out and were to proceed to final hearing; no final merits or remedy decision was made in this judgment.