Cases2408833/2021

Claimant v Sellafield Limited

23 January 2025Before Employment Judge LeachManchesterin person

Outcome

Claimant fails

Individual claims

Constructive Dismissalfailed

The tribunal found that the claimant's complaint of unfair constructive dismissal did not succeed on the merits.

Direct Discriminationstruck out

All discrimination complaints under the Equality Act 2010 were presented outside the statutory time limit under section 123(1)(a) and the tribunal declined to extend time on just and equitable grounds under section 123(1)(b).

Facts

Mrs Goddard brought claims of constructive unfair dismissal and discrimination under the Equality Act 2010 against Sellafield Limited. The case was heard over nine days in January 2025. She was represented by her husband as a lay representative, while the respondent was represented by counsel.

Decision

The tribunal dismissed the constructive dismissal claim on its merits. All discrimination complaints were found to be out of time under section 123(1)(a) of the Equality Act 2010, and the tribunal declined to extend time on just and equitable grounds, resulting in dismissal of all claims.

Practical note

Even after a nine-day full merits hearing, time limit issues can still result in the dismissal of discrimination claims if the tribunal finds it not just and equitable to extend time.

Legal authorities cited

Statutes

Equality Act 2010 s.123(1)(a)Equality Act 2010 s.123(1)(b)

Case details

Case number
2408833/2021
Decision date
23 January 2025
Hearing type
full merits
Hearing days
9
Classification
contested

Respondent

Sector
energy
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
lay rep