Giovann Battista Lo Bianco v South Western Ambulance Service NHS Foundation Trust — 2022

The claimant complained that work colleagues subjected him to treatment including mocking his Italian accent and making comments about his nationality. The complaints identified in the judgment were direct discrimination and harassment, both related to race and of a sexual nature. It was accepted that all complaints had been presented outside the primary statutory time limit, with the last alleged act on 9 March 2021 and the claim form presented on 12 November 2021.

The tribunal considered the just and equitable extension under section 123 of the Equality Act 2010. It found that the delay was significant, that the claimant knew the relevant facts and was aware of the Equality Act by April 2021, and that he had access to legal and union advice. It also noted the claimant's ill health in the second quarter of 2021, his decision to pursue the internal grievance process, and that he acted within three days of receiving the ACAS certificate from his union.

The tribunal concluded that the issue was finely balanced, but the balance of prejudice favoured the claimant. The respondent had not identified particular evidential or other prejudice beyond the cost and burden of defending the claim, and the grievance had put it on notice of the allegations. The tribunal held that the claim had been presented within such period as it considered just and equitable; it did not determine the merits of the discrimination or harassment complaints.