Mrs G Bates ` Miss C Blinkhorn v Kuehne And Nagel Limited — 2020

This was a preliminary hearing on whether Mrs G Bates and Miss C Blinkhorn could pursue their age discrimination complaints out of time. The tribunal recorded that the claim forms were presented on 27 June 2019 and that, because the relevant employments ended on 31 December 2018 and 31 January 2019 respectively, the complaints were on their face outside the ordinary three-month time limit. The age discrimination complaints were pleaded as direct and indirect discrimination under sections 13 and 19 Equality Act 2010.

The tribunal accepted the claimants' evidence that they did not know about the statutory time limits when they first considered bringing claims, that they tried to involve their union, and that they later moved forward as part of a group with other affected employees. It also accepted that both claimants had other personal matters to deal with after termination, including health-related issues, and that they did not wilfully ignore obvious sources of advice. The tribunal found that once the group process began, the claimants acted promptly in contacting ACAS and presenting claims.

Applying the just and equitable discretion under section 123 Equality Act 2010, and referring to British Coal Corporation v Keeble, Southwark London Borough v Afolabi, Robertson and Bexley Community Centre (trading as Leisure Link), and Abertawe Bro Morgannwg University v Morgan, the tribunal held that the delay was not excessive, that the respondent would suffer minimal prejudice, and that the prejudice to the claimants if time were not extended was significant. Time was therefore extended to the date of presentation, and the age discrimination complaints were allowed to proceed to the listed hearing.