Claimant v Respondent — 2023

The claimant brought race, sex and disability discrimination claims. At a telephone case management hearing on 10 January 2023, she withdrew the disability discrimination claim, and the written reasons record that claim as dismissed on withdrawal. The tribunal then considered the remaining race and sex claims arising from alleged acts on 20 May 2018 and 16 December 2018.

The tribunal held that the claims were presented outside the three-month time limit in section 123 of the Equality Act 2010. It accepted, for the purpose of the preliminary issue, that the two incidents could be linked as an act continuing over a period so that time ran from the December 2018 incident, but the claim lodged on 5 April 2022 was still far out of time. Applying the just and equitable discretion, with reference to Robertson, Keeble, Afolabi and Morgan, the tribunal decided not to extend time.

In reaching that conclusion, the tribunal rejected the claimant's explanation that mental health problems and ignorance of time limits prevented a timely claim. It noted medical records showing some depression and anxiety, but found no cogent evidence that her condition prevented her from issuing proceedings or researching the position. It also relied on the fact that she studied for and passed a law degree, worked for the respondent, had access to legal materials and internet resources, and had not produced medical evidence addressing her capacity to bring a claim.

The tribunal found the delay substantial and said it would likely affect the cogency of the evidence. It noted that memories would have dimmed, potentially relevant evidence such as CCTV and social media posts would no longer be available, some witnesses no longer worked for the respondent, and the alleged perpetrator did not wish to take part in tribunal proceedings. The tribunal therefore held that it had no jurisdiction to hear the race and sex claims and dismissed them.