Accenture (UK) Ltd

- 1 - EMPLOYMENT TRIBUNALS Claimant Respondent Ms S Pal - V - Accenture (UK) Ltd Heard at: London Central On: 3-12 May 2022 (and 7 July 2022 in chambers) Before: Employment Judge Baty Mr D Kendall Mr J Carroll Representation: For the Claimant: Ms E Banton (counsel) For the Respondents: Ms K Eddy (counsel) RESERVED JUDGMENT 1. The Claimant’s complaint of unfair dismissal succeeds. However, the compensatory award for unfair dismissal is reduced to zero as a result of the finding we make under the principles in Polkey v AE Dayton Services Limited [1987] IRLR 503. 2. The claimant’s complaints of wrongful dismissal, direct race discrimination, direct disability discrimination and discrimination arising from disability all fail. 3. The tribunal does not have jurisdiction to hear the claimant’s complaints of a failure to make reasonable adjustments as they were presented outside the tribunal time limit and it is not just and equitable to extend time. However, if the tribunal had had jurisdiction to hear them, they would have failed. REASONS The Complaints 1. By a claim form presented to the employment tribunal on 19 December 2019, the claimant brought complaints of unfair dismissal, wrongful dismissal, - 2 - direct race discrimination, direct disability discrimination and discrimination arising from disability. The respondent defended the complaints. 2. On 11 May 2020, EJ Snelson granted an amendment application by the claimant to add complaints for a failure to make reasonable adjustments. However, this was specifically “granted without prejudice to the right of the respondent to plead and argue that the claims so added are out of time and accordingly outside the tribunal’s jurisdiction”. The respondent duly defended these complaints...