CBRE Managed Services Ltd

Case Summary

Employment Judge Horne determined that the tribunal has jurisdiction to consider at least one complaint of direct sex discrimination and harassment, extending the statutory time limit. However, the tribunal lacks jurisdiction to consider an unfair constructive dismissal claim.

The tribunal found that the time limit for the sex discrimination and harassment complaints could be extended under the 'just and equitable' discretion, giving the tribunal jurisdiction to hear those claims. However, the tribunal determined it lacked jurisdiction to hear the constructive dismissal claim, likely due to timing or another jurisdictional bar.

• •jurisdiction to consider direct sex discrimination and harassment complaints
• •statutory time limit for complaints

Code V 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Miss E Davies Respondent: CBRE Managed Services Ltd Heard at: Liverpool On: 20 November 2020 Before: Employment Judge Horne Representatives For the claimant: In person For the respondent: Ms L Gould, counsel JUDGMENT AT A PRELIMINARY HEARING 1. The tribunal has jurisdiction to consider at least one complaint of direct sex discrimination and harassment. Although the claim was presented after the expiry of the statutory time limit for those complaints, it is just and equitable for the time limit to be extended from the date of the final alleged act of discrimination and harassment until the time the claim was actually presented. (The tribunal did not determine whether or not it had jurisdiction to consider any earlier alleged act of discrimination or harassment. That question will be determined at the final hearing.) 2. The tribunal has no jurisdiction to consider the complaint of unfair constructive dismissal. The claim was presented after the expiry of the statutory time limit and it was reasonably practicable for the claimant to have presented the claim before the time limit expired. ________________________________ Employment Judge Horne 26 November 2020 Code V 2 of 2 JUDGMENT SENT TO THE PARTIES ON 22 December 2020 FOR THE TRIBUNAL OFFICE Notes: (1) The hearing code “V” in the heading to this order indicates that the hearing took place on a remote video platform. (2) Written reasons were requested orally at the hearing. They will follow in due course and will be displayed on the tribunal’s online Register of Judgments.