Mr M O’Ceafarcaigh v Yorkshire Water Services — 2020

The claimant presented race discrimination claims on 22 April 2020 after early conciliation on 17 January 2020 and an early conciliation certificate dated 1 February 2020. He said the less favourable treatment was because of his Irish nationality. The tribunal noted that at the earlier private preliminary hearing the claimant had identified three live matters: an alleged failure to make arrangements for him to benefit from the respondent's pension scheme, alleged less favourable treatment compared with colleagues in a training scheme, and refusal of a 12-month career break. He also confirmed that a religion discrimination claim would not proceed and that harassment allegations were only background information.

The tribunal found that the effective date of termination was 28 September 2019 and treated that as the date of the act complained of. On that basis, the primary limitation period under section 123 Equality Act 2010 had expired before early conciliation began, and the ET1 filed on 22 April 2020 was out of time. Applying the just and equitable test and citing Robertson v Bexley Community Centre, Abertawe Morgannwg University Local Health Board v Morgan, and Accurist Watches Ltd v Wadher, the tribunal accepted that the claimant did not know the limitation date, but found that this ignorance was not reasonable, that he was at fault in not enquiring earlier, and that there had been no misleading conduct by the respondent. It declined to extend time and struck out the direct race discrimination claims in their entirety for lack of jurisdiction.