Mr H Ross v Maxwells Restaurants Limited — 2020

The claimant presented complaints of unfair dismissal and age discrimination on 29 March 2020. At the preliminary hearing the tribunal recorded that the effective date of termination was 16 November 2019 and that the last act of discrimination alleged was also on 16 November 2019, so the primary three-month limitation period for the Equality Act claim expired on 15 February 2020. The claimant had not entered early conciliation with ACAS until 24 March 2020.

The claimant withdrew his unfair dismissal claim because he did not have two years' continuous service. The age discrimination issue was therefore the only live claim considered at the hearing. The tribunal noted that the claimant had contacted ACAS on 25 November 2019, had also contacted two solicitors, and had raised and pursued a grievance and appeal with the respondent during the limitation period.

Although the claimant said that his mental health deteriorated in mid-February to early March 2020, the tribunal found that during the primary limitation period he was able to communicate with ACAS and solicitors, carry out internet searches, correspond with the respondent, and attend the respondent's premises on one occasion. It accepted that he was not capable of bringing a Tribunal claim in early March, but found that his inability arose after the primary time limit had already expired. The tribunal concluded that it would not be just and equitable to extend time under s.123 EqA 2010, and the remaining claims were struck out. The hearing listed for May 2021 was vacated.