JURISDICTIONAL POINTS – Claim in time and effective date of termination
Following her resignation, the Appellant complained of various types of disability discrimination and of constructive unfair dismissal. At a Preliminary Hearing the Judge determined that all the complaints of discrimination during employment were out of time and that it was not just and equitable to extend time. Accordingly, they were all dismissed. The unfair dismissal claim, which was in time, was not affected.
Held: on the particular facts of this case, where it was plainly being asserted that discriminatory treatment during employment had contributed to the constructive dismissal, the particulars of claim should have been treated as including a complaint of constructive dismissal contrary to section 39 Equality Act 2010; and/or the issue should at least have been raised and clarified at the initial Case Management Preliminary Hearing. The Appellant had also raised an argument that her various complaints of treatment contrary to the 2010 Act amounted, taken together, to conduct extending over a period for time purposes; and the Employment Tribunal had erred in not considering that.
 UKEAT 0124 – 18 – 0602
England and Wales
Updated: 04 July 2022; Ref: scu.637642