Miss S Gates v Faversham Laundry Ltd T/a Faversham Linen Services and others (England and Wales : Disability Discrimination) -[2020] UKET 2301567/2018- (7 January 2020)

BAILII

Automated Summary

Key Facts

The Claimant does not have the requisite length of service to claim unfair dismissal, resulting in that claim being struck out. However, the tribunal found it just and equitable to extend the time limit for discrimination claims arising from disability and failure to make reasonable adjustments, allowing those claims to proceed as timely submitted.

Issues

  • It is just and equitable to extend the time limit for the complaints of discrimination arising from disability and failure to make reasonable adjustments to the date the claim was submitted, making those claims in time.
  • The Claimant does not have the requisite length of service to claim unfair dismissal, leading to the dismissal claim being struck out as having no reasonable prospect of success.

Holdings

  • It is just and equitable to extend the time limit for the complaints of discrimination arising from disability and failure to make reasonable adjustments to the date the claim was submitted and those claims are therefore in time.
  • The Claimant does not have the requisite length of service to claim unfair dismissal and that claim is struck out as having no reasonable prospect of success.

Remedies

  • It is just and equitable to extend the time limit for the complaints of discrimination arising from disability and failure to make reasonable adjustments to the date the claim was submitted and those claims are therefore in time.
  • The Claimant does not have the requisite length of service to claim unfair dismissal and that claim is struck out as having no reasonable prospect of success.

Legal Principles

The court applied the statutory requirement for minimum service period for unfair dismissal claims and the just and equitable extension of time for discrimination claims under the Equality Act 2010.

Cited Statute

Equality Act 2010

Judge Name

Employment Judge Corrigan

Passage Text

  • It is just and equitable to extend the time limit for the complaints of discrimination arising from disability and failure to make reasonable adjustments to the date the claim was submitted and those claims are therefore in time.
  • The Claimant does not have the requisite length of service to claim unfair dismissal and that claim is struck out as having no reasonable prospect of success.