Ms S Elmi v Royal Mail Group Limited — 2019

The claimant was employed by Royal Mail Group Limited as an Operational Postal Grade mail sorter until her employment ended on 29 November 2019. She presented her claim on 9 June 2020 after early conciliation from 13 May 2020 to 4 June 2020. The tribunal considered complaints of unfair dismissal, indirect sex discrimination and harassment related to sex at a preliminary hearing.

For unfair dismissal, the tribunal applied the reasonably practicable test. It accepted that there may have been exceptional circumstances relating to the claimant's lack of knowledge of employment rights, but found that after being told by her union on 20 March 2020 that her claim was out of time, she did not act within a reasonable period. The tribunal did not accept that Covid restrictions explained the subsequent delay before early conciliation was started.

For the discrimination claims, the tribunal considered whether it would be just and equitable to extend time. It noted the delay after the claimant was told her claims were out of time and considered the prospects of the claims. It found the indirect discrimination claim had at best little reasonable prospect of success because establishing the pleaded PCP would be difficult and the respondent's legitimate aim defence was plausible. It also found difficulties with the harassment claim, including whether the alleged incidents were a continuing act and whether the second alleged act was related to sex. The tribunal therefore struck out all claims as out of time.