AB v Birmingham City Council — 2023

The preliminary hearing determined limitation issues only. The claimant brought claims of constructive unfair dismissal, protected disclosure detriment, direct race discrimination and victimisation. For the purposes of the hearing, the tribunal assumed in the claimant's favour that the effective date of termination and the last alleged detriment or discriminatory act was 7 June 2022, but made no findings on the merits of those allegations.

The tribunal found that the primary limitation date was 6 September 2022. Early conciliation began on 13 September 2022, after the primary time limit had expired, and the claim form was presented on 7 November 2022. The tribunal found that it had been reasonably feasible for the claimant to research tribunal procedures and time limits and present the constructive dismissal and protected disclosure detriment claims in time. It rejected the argument that the claimant's health, ADHD, lack of knowledge, or the respondent's internal investigation meant it was not reasonably practicable to do so.

For the Equality Act claims, the tribunal accepted that refusing an extension would prevent the claimant from pursuing discrimination and victimisation claims in the tribunal. It also considered prejudice to the respondent, including potential witness availability and the effect of delay on evidence. Weighing the relevant factors, it concluded that it was not just and equitable to extend time, so the direct race discrimination and victimisation claims were dismissed for want of jurisdiction.