Zotefoams plc

Case Summary

The Tribunal determined that the complaints were brought within such period as the Tribunal thinks just and equitable within the terms of section 123(1)(b) Equality Act 2010. The Tribunal therefore has jurisdiction to hear them.

• •time limits
• •just and equitable

Case No: 2304924/2020 EMPLOYMENT TRIBUNALS Claimant: Mrs Patricia Jalel Respondent: Zotefoams plc Heard at: London South Employment Tribunal (by CVP) On: 22 June 2023 and 11 July 2023 Before: Employment Judge Abbott Representation Claimant: Mr Ian Wright, counsel Respondent: Mr Greg Burgess, solicitor, of DMH Stallard LLP RESERVED JUDGMENT FOLLOWING PRELIMINARY HEARING The decision of the Tribunal is that the complaints were brought within such period as the Tribunal thinks just and equitable within the terms of section 123(1)(b) Equality Act 2010. The Tribunal therefore has jurisdiction to hear them. REASONS Introduction 1. This is my judgment following a Preliminary Hearing held by video on 22 June 2023 and 11 July 2023, further to a direction made by Employment Judge Martin and sent to the parties on 30 January 2023. The purpose of the hearing was to determine jurisdiction. 2. The jurisdictional issue concerns whether the complaints that comprise the claim were brought within the time limit in section 123 of the Equality Act 2010 (“the Act”). This issue was identified by Employment Judge Sage at an earlier Preliminary Hearing on 4 May 2021 in the following terms: Case No: 2304924/2020 “1. Time limits 1.1 Were the discrimination and victimisation complaints made within the time limit in section 123 of the Equality Act 2010? The Respondent stated that the Claimant has been off sick since the 15 January 2019 and it is not alleged that there is a continuing act. The Tribunal will decide: 1.1.1 Was the claim made to the Tribunal within three months (plus early conciliation extension) of the act to which the complaint relates? 1.1.2 If not, was there conduct extending over a period? 1.1.3 If so, was the claim made to the Tribunal within three months (plus early conciliation extension) of the end of that period? 1…