In person For the v Respondent — 2024

The claimant, Miss I Sultana, brought a race discrimination claim against Welsh Ministers after the termination of her loan agreement. The tribunal found that the acts relied on all occurred no later than 10 November 2022, so the ordinary three-month limitation period expired on 9 February 2023. ACAS early conciliation did not begin until 26 September 2023, and the claim was presented on 30 October 2023, about eight months out of time.

The claimant argued that her mental health difficulties meant it was not reasonably possible to bring the claim sooner. The tribunal accepted that the termination of the loan agreement had affected her mental health and that she later needed medication and counselling, but it found no medical evidence that she was unable to present proceedings in time. It also noted that she remained at work with HMRC, took no certified sick leave, and was able to prepare and pursue detailed grievance and appeal correspondence during the relevant period.

Applying the just and equitable test under section 123(1)(b) Equality Act 2010, and referring to authorities including Robertson, Keeble, Morgan, Adedeji, Caston and Haque, the tribunal held there was no good reason why the claim could not have been brought within time. It also considered prejudice and found some forensic prejudice to the respondent because the claimant had not raised her complaints as discrimination at the grievance stage, so the respondent had not investigated them on that basis.

The tribunal concluded that the claimant had not shown that it would be just and equitable to extend time. Her claim was therefore dismissed in full as out of time.