Edomobi v La Retraite RC Girls School (Jurisdictional Points : Extension of time: just and equitable)

The Claimant appealed against a decision of the Employment Tribunal (�the ET�) not to extend the time for bringing her discrimination claim.� The Employment Appeal Tribunal held that the ET had not misdirected itself in law and that its decision was open to it on the facts.� The appeal was dismissed.

The unfair dismissal claim was struck out in due course because the Claimant had not been employed for long enough to have the right not to be unfairly dismissed.� She later withdrew her claims for unlawful deductions from wages and for failure to provide written particulars of employment because she accepted that she was not an employee of the Respondent.� She relied therefore at the hearing on her discrimination claims only.� The only issue at the hearing on 23 February was the time point.

The ET found that the Claimant worked for the Respondent as a Learning Support Assistant at its school in Clapham.� She did one-to-one work with children who have special educational needs.� She worked there from 20 January 2014 until 10 March 2015; so she did not have two years� continuous service.� She was an agency worker.� She was supplied to the Respondent by the Tradewind Recruitment Agency.

The EJ observed at paragraph 16 of the Decision that the Claimant was not an employee and therefore did not have the benefit of the grievance procedure.� The EJ revisited that point in two other parts of the Decision.� At paragraph 22 she said:

�22. The claimant pursued a complaint against the school.� As she was not an employee she knew it was not a grievance but a complaint. ��