Claimant v Kwabana Agyei and Hodd, Barnes and Dickins (Masons Avenue) Ltd — 2020

At an open preliminary hearing on 11 August 2020 before Employment Judge Russell sitting alone, the tribunal recorded that the Claimant's unfair dismissal claim had already been withdrawn on 24 February 2020. The remaining dispute concerned direct sex discrimination claims, the status of the Second Respondent, and whether any extension of time should be granted. The tribunal found that Hodd Barnes & Dickens Ltd, not either named respondent, was the Claimant's employer, and that Hodd Barnes & Dickens (Masons Avenue) Ltd should be removed as a party.

On limitation, the tribunal found that the last acts complained of were 23 July 2018 against the First Respondent and 25 September 2018 against the Second Respondent. The claim was presented on 23 July 2019, after ACAS contact on 10 June 2019, and the tribunal held that there was no continuing discriminatory state of affairs. It therefore concluded that the claims were out of time under s.123 Equality Act 2010.

The tribunal refused to extend time on a just and equitable basis. It considered the Claimant's police complaint, complaint to the GOC, concerns about her visa, and reliance on an internal grievance process, but found that she knew the time limits and could have presented her tribunal claims earlier, including after 4 May 2019 when she resigned and had new employment to go to. Applying the authorities cited, including Hendricks, Abertawe Bro Morgannwg University Local Health Board v Morgan, British Coal Corporation v Keeble, Miller and others v The Ministry of Justice and others, and Robinson v The Post Office, the tribunal declined jurisdiction, struck out the claim against the Second Respondent under rule 37(1)(a), and dismissed the remaining claims. No order was made to join HBD because the claim would not continue.