in person The v Mr G Khan, solicitor — 2022

The claimant alleged age discrimination arising from an interview for the post of Executive Headteacher on 23 March 2021, after a panel member said, in the context of a question, that he was the youngest candidate. The respondent accepted that the comment was made but denied that age played any part in the decision not to appoint the claimant. An internal investigation had previously accepted the comment was made, upheld that aspect of the complaint, but found no evidence of age bias.

The tribunal did not determine the substantive discrimination issue. It found that the last complained-of act occurred on 24 March 2021, the claim form was presented on 6 October 2021, and the primary limitation period expired on 23 June 2021. Applying section 123(1) of the Equality Act 2010 and the authorities relied on by the parties, including Robertson, Adedeji and Wells, the tribunal held that the delay was more than three months beyond the primary limit and that the claimant had not shown sufficient reason to justify an extension.

The tribunal accepted that the claimant had pursued the respondent's internal complaints process and that there was no identified forensic prejudice to the respondent, but it treated those matters as insufficient on their own. It noted that the claimant obtained clarification of the respondent's position by 29 July 2021, did not seek further resolution after that, and became aware of the tribunal time limits by mid-September 2021 but did not begin ACAS Early Conciliation or present the claim until early October 2021. The complaint was therefore held to be out of time and the tribunal concluded that it had no jurisdiction to entertain it.