Philip Rush v Wilts and Dorset Bus Company Limited HELD REMOTELY AT Southampton — 2023

At a preliminary hearing on 8 February 2023, the tribunal dealt with time-limit issues for the claimant's race discrimination and race harassment complaints, together with the separate breach of contract and 'negligent' claims. The claimant said the relevant events arose from complaints about excessive working hours, treatment by managers, and a 25 March 2021 email. He also confirmed that the breach of contract and negligent claims from the January 2022 claim form were no longer being pursued.

The tribunal held that the complaints about excessive hours, Mr Weller's January or February 2021 treatment, Mr Wade's alleged canteen comment, and the 25 March 2021 email formed a continuing act or course of conduct for section 123(3)(a) Equality Act 2010. Those complaints were therefore out of time when the claim was presented on 27 December 2021, but the tribunal exercised the just and equitable discretion to extend time. The reasons included the claimant's lack of legal knowledge, his belief that he should first use informal complaints and the grievance procedure, his later referral to ACAS, and an eight-week period of sickness absence. The tribunal also found that the respondent was familiar with the issues from the 2021 grievance and would not be significantly prejudiced by defending them.

The separate 2015 allegation that Mr Weller referred to the claimant as coming 'from the back door' was treated as an isolated incident and not part of the continuing course of conduct. Time was not extended for that allegation because it was about six years out of time and the tribunal considered the respondent would be significantly prejudiced in defending it. The breach of contract and negligent claims were dismissed after the claimant confirmed that he was not pursuing them.