Ms C Edwards v LB Hammersmith and Fulham and 3 others — 2022

At this preliminary hearing, Employment Judge J S Burns struck out the direct sex, race and age discrimination claims as out of time. The tribunal found that acts completed before 7 November 2022 were outside the primary limitation period and that the claimant had not shown it was just and equitable to extend time under section 123 of the Equality Act 2010.

Claim 1 concerned a one-off act in April 2018 when new posts were created after the end of the tri-borough arrangements. The tribunal noted that Ms Edwards had not applied for the post obtained by Mr Richie Adeyeye and held that the claim was about four and a half years out of time.

Claim 2 concerned alleged failures to conduct appraisals in 2020 and 2021, and Claim 3 concerned the refusal in October 2022 to back-date increased pay after her post was re-graded. The tribunal held that Claim 2 was at least ten months out of time and Claim 3 was only a few weeks out of time, that the refusal to back-date pay was a one-off pay decision rather than a continuing act, and that the claimant had not identified a coherent or credible reason for the delay. It also accepted that a victimisation amendment could be added by consent based on the 17 May 2023 email to Anthony Mugan, but otherwise refused the amendment application because the particulars did not disclose a reasonable cause of action.