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3311283/2023Partially Successful

Bupa Care Services Ltd

18 November 2024England & WalesEmployment Judge Cowen
GOV.UK

Case Summary

The case proceeded with the complaint of unfair dismissal as it was not reasonably practicable to present within the applicable time limit, while the complaint of race discrimination was dismissed due to the time limit not being extended.

Key Issues

  • time limit for unfair dismissal
  • time limit for race discrimination

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 unfair dismissalEmployment Rights Act 1996

The case proceeded with the complaint of unfair dismissal as it was not reasonably practicable to present within

Equality Act 2010 race discriminationEquality Act 2010

ithin the applicable time limit, while the complaint of race discrimination was dismissed due to the time limit not being extended.

Decision Text

1 EMPLOYMENT TRIBUNALS Claimant Respondent v Mrs Belo BUPA Care Services Limited Heard at: Watford On: 18 November 2024 Before: Employment Judge Cowen Appearances For the Claimant: Mrs Belo (in person) (with Portuguese interpreter) For the Respondent: Mr Price (counsel) JUDGMENT 1. The complaint of unfair dismissal was not presented within the applicable time limit, but it was not reasonably practicable to do so. The complaint of unfair dismissal will therefore proceed. 2. The complaint of race discrimination was not presented within the applicable time limit. It is not just and equitable to extend the time limit. The complaint of race discrimination is therefore dismissed. _____________________________ Employment Judge Cowen Date:18 November 2024 Sent to the parties on: 2/1/2025 N Gotecha For the Tribunal Office . Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. 2 Recording and Transcription Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here: https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice- directions/

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Employer

Respondent

Bupa Care Services Ltd

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Employment Details

Industry
Other
Representation
Litigant in person

Case Details

Case Number
3311283/2023
Tribunal
Employment Tribunal
Level
First instance
Decision Date
18/11/2024
Published
15/01/2025
Jurisdiction
England & Wales
Judge
Employment Judge Cowen