“J” v The Tavistock and Portman NHS Foundation Trust — 2022

The tribunal heard the respondent's application to strike out the Equality Act complaints under section 123 and Rule 37. The claimant relied on a grievance raised in September 2020, dismissed in February 2021 and unsuccessfully appealed on 23 September 2021, together with ACAS early conciliation from 30 July 2021 to 10 September 2021. The claim was presented on 19 November 2021.

It held that the complaints arising from events before 1 May 2021 were out of time and should not be extended as just and equitable. The judge accepted that the claimant had specialist professional advice and had raised a grievance while time remained to bring proceedings, but found no cogent explanation for the delay in presenting the claim. The tribunal rejected the argument that the pleaded matters formed a continuing course of conduct under section 123(3)(a), finding the incidents were discrete and not sufficiently connected; it specifically noted that the complaint about a book in the library and the later Covid memo were materially different.

The only complaint in time, concerning the 12 July 2021 memo about Covid risk assessment and asking about a person's sex category, was found to be thinly pleaded and not self-proving. The tribunal concluded that it disclosed no reasonable prospect of success and struck it out under Rule 37. No further case management orders were made and the final hearing listed for 9 December 2022 was vacated.