Mr A Beaumont v Nationwide Building Society — 2018

The claimant brought claims described as unfair dismissal, sex discrimination and disability discrimination. The unfair dismissal claim was rejected because he did not have two years' continuous employment. The discrimination claims were accepted, but the claim form did not identify the particular Equality Act provisions relied on.

The tribunal considered whether the Equality Act claims about dismissal or being 'forced out' on 6 April 2018 were out of time. On the basis advanced by the parties, the claim was treated as 18 days late, although the judge noted that complaints about the grievance appeal might arguably affect the limitation analysis and that the claim was poorly particularised.

The judge found the delay was relatively modest, would not affect the cogency of the evidence, and would not prejudice the respondent in defending the claim. The claimant's mistaken understanding about time running from the grievance or appeal outcome was not by itself a sufficient reason, but the balance of prejudice favoured allowing the discrimination complaint to proceed. Issues about any continuing act or earlier events were reserved to the final hearing.