Mrs Lilia Vickers v Royal Mencap Society — 2021

This was a preliminary issue judgment concerning time limits. Mrs Vickers worked for Royal Mencap Society as a Support Worker until her dismissal in July 2020. Her claim included unfair dismissal under section 98 Employment Rights Act 1996, direct race discrimination under section 13 Equality Act 2010, and a complaint under Regulation 10 Working Time Regulations 1998 about daily rest breaks. The tribunal recorded that there was no issue about the unfair dismissal complaint being presented in time.

The tribunal considered whether earlier discrimination allegations were part of conduct extending over a period for the purposes of section 123 Equality Act 2010. Taking the claimant's case at its highest, it identified a connection between the March 2019 suspension, the later disciplinary and grievance processes, further allegations in 2019, and the 2020 suspension and dismissal. The tribunal found that the similarity of the allegations and the continuing line management connection involving Ms Burton were sufficient to show the necessary degree of connection at this preliminary stage. It held that the discrimination complaints identified from the March 2019 suspension were in time, while noting that this did not determine the merits.

The Working Time Regulations complaint was treated separately. The tribunal found that time for the rest break complaint began to run on 19 February 2020, when the rest period should have been permitted, and that the claim was presented about eight months later. Applying the reasonably practicable test, and referring to Mrs Vickers' contact with ACAS and access to legal advice, the tribunal found that she ought to have known she did not need to wait until dismissal before bringing that complaint. The Regulation 10 complaint was therefore dismissed as out of time, although the judgment stated that the matter remained as a potential act of discrimination.