both in person For the v Respondent — 2019

The claimants brought Equality Act 2010 section 53 discrimination complaints concerning taxi licensing, alleging less favourable treatment on the grounds of race and, for Ms Akinleye, sex. The preliminary issue was whether the tribunal could treat earlier allegations as conduct extending over a period, or otherwise extend time on just and equitable grounds.

The tribunal found that the claimants had a reasonably arguable basis that allegations from the 22 December 2017 interview onward were linked to an ongoing investigation process and fear of losing their licences. It did not find a reasonably arguable basis that the earlier allegations over several years, involving different people and significant time gaps, formed a continuing act or ongoing state of affairs.

The tribunal declined to extend time for the pre-22 December 2017 complaints, finding that the claimants had not shown that subject access request material first revealed those complaints or that illness explained the delay. The respondent's strike out and deposit order applications for the complaints proceeding from 22 December 2017 were refused because core facts were disputed and needed consideration at a final hearing.