Mrs X v Delta Academies Trust — 2021

At a preliminary hearing on 23 March 2021 before Employment Judge Parkin, the tribunal considered the respondent's applications to strike out the discrimination claims as out of time and the parties' competing strike-out and deposit applications. The claimant, a teaching assistant employed by Delta Academies Trust from 3 February 2016 until September 2019, relied on her suspension on 2 May 2019, an alleged remark on 20 May 2019, and her dismissal by letter dated 16 September 2019.

The tribunal dismissed the harassment allegation at paragraph 13.3, which concerned the 20 May 2019 comment. It found that this was a one-off act, not a continuing act, so Early Conciliation should have begun by 19 August 2019. Although the claimant relied on medical evidence about low mood, anxiety, depression and related medication, the tribunal held that the claim was well out of time and that it was not just and equitable to permit it to proceed.

By contrast, the tribunal held that the suspension and barring allegations, and the direct discrimination claims linked to the dismissal, were closely associated with the eventual dismissal and were capable of amounting to an act extending over a period. In the alternative, it was just and equitable to allow those claims, together with the unfair dismissal claim, to proceed to a final hearing. The respondent's strike-out and deposit applications were refused, as were the claimant's applications to strike out the response or obtain a deposit order, because the claims turned on disputed facts that could not be summarily resolved on the papers.