Whitbread Group plc
Case Summary
The case is out of time but may proceed under section 123 (2) (b) of the Equality Act 2010. Employment Judge Jones identified three preliminary issues for determination, and a further issue regarding the effect of two ACAS early conciliation certificates on the limitation period.
Key Issues
- •When did the respondent agree to any adjustments in 2024 which would have allowed the claimant to return to work?
- •Why was there a delay after 15 March 2024 to the return of the claimant to work? Was it because the claimant had requested not to return until 26 June 2024, or was it due to the respondent's responsibility for delays in facilitating her return?
- •If the former, was the claim presented within such further period as was just and equitable in all the circumstances? If the latter, the 2024 claim is in time.
- •What is the effect upon the limitation period of there being two ACAS early conciliation certificates?
Claim Types
Decision Text
Case: 6017336/2024 1 EMPLOYMENT TRIBUNALS Claimant: Monika Dilniak Respondent: Whitbread Group PLC AT A PUBLIC PRELIMINARY HEARING Heard at: Leeds by CVP video conferencing On: 11 th September 2025 Before: Employment Judge Lancaster Representation Claimant: Miss M Martin, counsel Respondent: Mr A Powis, solicitor JUDGMENT The claim is out of time, but may proceed under section 123 (2) (b) of the Equality Act 2010 RESERVED DECISION WRITTEN REASONS 1. At a hearing on 17 th April 2025 Employment Judge Jones identified three preliminary issues for determination: 1.1 When did the respondent agree to any adjustments, in 2024, which would have allowed the claimant to return to work? 1.2 Why was there a delay, after 15 March 2024, to the return of the claimant to work? Was it as the respondent contends, because the claimant had requested not to return until 26 June 2024? Or was it as the claimant contends that, save for a period of annual leave, the respondent was responsible for delays in facilitating her return? 1.3 If the former, was the claim presented within such further period as was just and equitable in all the circumstances? If the latter the 2024 claim is in time. 2. At the start of this hearing I identified a further issue which requires to be addressed before I could, if applicable , deal with the question of extension of time limits: Case: 6017336/2024 2 2.1 What is the effect upon the limitation period of there being two ACAS early conciliation certificates? 3. The only ACAS certificate number referenced on the claim form (ET1) is R203301/24/84. That relates to a period of early conciliation between 1 st July and 12 th August 2024. 4. I am satisfied that that is the only reason why Judge Jones identifie...
Employer
Employment Details
- Industry
- Hospitality
- Representation
- Legally represented
Case Details
- Case Number
- 6017336/2024
- Decision Date
- 19/09/2025
- Published
- 05/12/2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lancaster