Mrs A Nimblet-Robinson v Share Multi Academy Trust Heard by CVP — 2022

Mrs A Nimblet-Robinson, who described herself as Black British, brought direct race discrimination complaints against Share Multi Academy Trust arising from a series of workplace incidents between September 2019 and July 2021. The tribunal held that the complaints were all presented out of time under section 123 Equality Act 2010. It found that there was no conduct extending over a period that ended on or after 26 June 2021 or 27 June 2021, because the later grievance-handling complaint was not made out: the verbal concerns raised on 8 June 2021 were investigated, and the written grievance of 21 July 2021 was dealt with under the grievance policy in the context of the claimant's notice and last working day.

The tribunal refused to extend time on a just and equitable basis. It noted that the claimant gave no evidence or explanation for the delay in presenting her claims, that she was supported by her trade union, and that allowing the claim to proceed out of time would prejudice the respondent. The tribunal therefore dismissed the claim on limitation grounds.

The tribunal also set out what its findings would have been on the merits if time had been extended, and concluded that none of the allegations was race discrimination. It accepted the respondent's explanations for the desk and computer issue, the handling of complaints involving Ms Wilkinson and Mr Shires, the delay in investigating the March 2020 parent incident during the pandemic, the absence of flowers while the claimant was off sick, the 7 September 2020 greeting incident, the directed-hours meeting issue, the Teaching and Learning team issue during the pandemic, the additional PPA issue, the resignation conversation, and the grievance handling in June and July 2021.

In particular, the tribunal found that the claimant had been supported by Mrs Carr and Mrs Woodhead throughout, that the March 2020 parent incident was investigated and later resulted in the parent being barred from the site, that the Teaching and Learning team was limited to Lead Practitioners because of pandemic arrangements, and that Ms Everett's additional PPA was because she was an NQT. It found that Mrs Woodhead did not pressure the claimant to resign, that Mrs Carr did not take sides, and that the grievance process was followed. The tribunal's overall conclusion was that the respondent's conduct was supportive and non-discriminatory, not motivated by race.