In Person For the v Respondent — 2019

The claimant, a Church of England priest, brought race discrimination complaints about seven unsuccessful incumbency applications made between February 2014 and November 2015, the refusal of permission to officiate/licensed supervision between June 2015 and May 2017, and the refusal of a charitable grant in October 2017. He also had victimisation complaints arising from later complaints to the Church of England, but those were withdrawn before the hearing.

Employment Judge Cadney held that the direct discrimination complaints were out of time. Applying the factors in British Coal Corporation v Keeble and the guidance in Southwark London Borough v Afolabi and Abertawe Bro Morgannwg ULHB v Morgan, the judge accepted the claimant's explanation for the period before 18 October 2017 but found that he then delayed for almost a year after receiving advice that a tribunal claim was possible. The judge also accepted the respondent's evidence that the passage of time had seriously affected the cogency of records and recollections, particularly in relation to the selection and PTO processes.

The tribunal refused to extend time and therefore dismissed the direct discrimination claims. It also refused permission to amend the claim to add race harassment allegations under s26 Equality Act 2010, holding that the proposed allegations were wholly new, significantly out of time, and materially different from the pleaded claims. The amendment application was considered by reference to Selkent Bus Company v Moore and Abercrombie v Aga Rangemaster Ltd.