Mrs S McLeary v One Housing Group Ltd
| Jurisdiction | UK Non-devolved |
| Judge | Judge Auerbach |
| Neutral Citation | UKEAT/0124/18/LA |
| Court | Employment Appeal Tribunal |
| Subject Matter | Disability Discrimination,Jurisdictional Points,Jurisdictional Points - Claim in time,effective date of termination,Not landmark |
| Date | 06 February 2019 |
| Published date | 17 April 2019 |
Copyright 2019
Appeal No. UKEAT/0124/18/LA
EMPLOYMENT APPEAL TRIBUNAL
FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE
At the Tribunal
On 6 February 2019
Before
HIS HONOUR JUDGE AUERBACH
(SITTING ALONE)
MRS S McLEARY APPELLANT
ONE HOUSING GROUP LIMITED RESPONDENT
Transcript of Proceedings
JUDGMENT
UKEAT/0124/18/LA
APPEARANCES
For the Appellant
MR WILLIAM YOUNG
(of Counsel)
Advocate (formerly Bar Pro Bono
Scheme)
For the Respondent
MR JOSEPH BRYAN
(of Counsel)
Instructed by:
Penningtons Manches LLP
Apex Plaza
Forbury Road
Reading
RG1 1AX
UKEAT/0124/18/LA
SUMMARY
JURISDICTIONAL POINTS – Claim in time and effective date of termination
DISABILITY DISCRIMINATION
Following her resignation, the Appellant complained of various types of disability discrimination
and of constructive unfair dismissal. At a Preliminary Hearing the Judge determined that all the
complaints of discrimination during employment were out of time and that it was not just and
equitable to extend time. Accordingly, they were all dismissed. The unfair dismissal claim,
which was in time, was not affected.
Held: on the particular facts of this case, where it was plainly being asserted that discriminatory
treatment during employment had c ontributed to the constructive dismissal, the particulars of
claim s hould have been treated as including a complaint of constructive dismissal contrary to
section 39 Equality Act 2010; and/or the issue should at least have been raised and clarified at
the initial Case Management Preliminary Hearing. The Appellant had a lso raised an argument
that her various complaints of treatment contrary to the 2010 Act amounted, taken together, to
conduct extending over a period for time purposes; and the Employment Tribunal had erred in
not considering that.
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