Mr. Kenneth Ward v Sheffield Health & Social Care Foundation Trust PRELIMINARY HEARING — 2021

Mr Kenneth Ward brought a race discrimination complaint against Sheffield Health & Social Care Foundation Trust. The tribunal found that the last alleged act of discrimination was 2 September 2020, so the primary limitation period expired on 1 December 2020. The ET1 was presented on 21 January 2021 after ACAS early conciliation, and the claimant accepted that the claim was out of time and sought an extension.

The tribunal found that the delay was caused by the claimant's mistaken belief that he had one month from when he personally received the ACAS certificate. It accepted that he had been represented by Unison during the relevant period, had access to advice, had also consulted a solicitor, and was not prevented by ill health or by any act of the respondent from issuing the claim in time. The tribunal treated the ACAS guidance as turning on deemed receipt and concluded that the claimant's reliance on a later personal receipt date was unreasonable.

Applying s.123 EqA 2010 and the authorities cited, including Palmer & Saunders, British Coal v Keeble, Robertson v Bexley Community Centre, Adedeji, Miller v MoJ, and Dedman, the tribunal held that it would not be just and equitable to extend time. The race discrimination complaint was therefore dismissed for want of jurisdiction, with no remedy awarded.