In Person For the v Respondent — 2022

The claimant, a temporary worker for Abbatt Property Recruitment, said that after he was removed from Imperial Wharf in January 2021 and later worked at East Village until 4 March 2021, the respondent stopped offering him further shifts after he raised a grievance in March 2021. He said the respondent refused to contact him about availability, refused to acknowledge his messages, and ignored him when he sought work. The tribunal treated the case as a victimisation claim about the failure to offer work and respond to requests for shifts, not about the handling of the grievances themselves.

The tribunal found that the respondent made its relevant decision not to offer the claimant further work by 2 September 2021 at the latest, and that the claimant knew of that decision by 1 October 2021. It relied on section 123(3) and (4) of the Equality Act 2010 in treating the failure to offer work as occurring when the decision was made. The tribunal rejected the argument that there was a continuing act, finding instead that this was a one-off decision with continuing consequences, and noted that the claimant's contract of engagement provided that no contract existed between assignments.

On time limits, the tribunal held that the claim was presented out of time when it was lodged on 15 April 2022 and that it was not just and equitable to extend time. It described the delay as very significant, said the claimant had given no good reason for it beyond lack of knowledge, and noted that he was capable of pursuing complaints by email and grievance but had not brought the tribunal claim in time. The tribunal therefore said it had no jurisdiction to consider the claim and struck it out, making it unnecessary to consider strike out on the merits.