Mr B Jones v Powys County Council — 2022

The tribunal considered the claimant's application to extend time for a complaint of harassment related to sexual orientation. The judgment recorded that the last act complained of was 30 October 2020, ACAS conciliation ran from 26 February 2021 to 1 March 2021, and the claim form was submitted on 26 March 2021. The claim was out of time because ACAS conciliation should have commenced by 29 January 2021.

Employment Judge Ward heard evidence from the claimant and from Mr Davis and Mrs Hughes of the respondent's HR department. The claimant relied on the impact of the alleged treatment on his mental health and his assumption that there was an ongoing investigation by the respondent. The tribunal found that the claimant was clearly unwell after 30 October 2020, that this initially affected his ability to work, and that obtaining other employment did not mean he was capable of applying to the tribunal.

The tribunal applied the just and equitable discretion under s123 of the Equality Act 2010, balancing the claimant being unable to pursue his claim against prejudice to the respondent from witnesses' difficulty recalling events. It found that the HR interaction had no real bearing on the claimant's decision-making abilities, but concluded that it was just and equitable to extend time. The extension of time was granted and the claim was permitted to proceed; no remedy or merits determination was recorded in this judgment.