Claimant v B and 1 other — 2022

The tribunal heard the matter by CVP on 20 January 2022 before Employment Judge EP Morgan QC. The claimant, who had worked for the first respondent from 7 August 2019 to 26 October 2021 as a customer sales assistant, clarified claims of disability discrimination, race discrimination, sex harassment, victimisation and constructive dismissal. The hearing was concerned with time limits, jurisdiction, and whether any allegations should be struck out or proceed to a deposit stage, and the tribunal applied the three-month time limit in section 123 of the Equality Act 2010.

The tribunal concluded that several allegations were out of time and were not continuing acts or part of a series of conduct for which time should be extended on a just and equitable basis. It struck out the disability allegation about being denied an emergency toilet break on 3 January 2021, the sex harassment allegation said to have occurred in January 2021, the race discrimination allegations from November and December 2019, October 2020 and paragraph 19(i), and the race harassment allegations in paragraph 20(a) and (b). The tribunal noted that the claimant had pointed to a negative workplace attitude and a period of sickness absence, but it did not find a sufficient basis to treat the out-of-time matters as a continuing course of conduct.

The tribunal did not finally dispose of all pleaded matters at this hearing. It recorded that the remaining sex harassment allegations in paragraphs 18(a), (b) and (d) were not shown to have no reasonable prospect of being treated as part of a series or of receiving an extension of time, and that the remaining race discrimination allegations at paragraphs 19(d)-(h) were likewise not finally determined. It also recorded that no time issue arose in relation to the victimisation and constructive dismissal claims, which were left for later determination on the merits.