In person For v Respondent — 2021

At the preliminary hearing on 17 May 2021, Employment Judge Brown considered whether to extend time for the Claimant’s direct age and race discrimination complaints. The Claimant said the alleged conduct began in July 2016, included being repeatedly called a "f...ing Romanian" and being mocked as "too old", and pre-dated his suspension on 22 February 2019. He did not say that his dismissal on 6 February 2020 was itself an act of discrimination.

The tribunal held that the discrimination complaints were brought very late. The primary time limit expired on 21 May 2019, ACAS was first contacted on 27 April 2020, and the age and race discrimination claims were not presented until 7 October 2020. Applying the just-and-equitable discretion under s123 Equality Act 2010, with reference to Robertson v Bexley Community Centre T/a Leisure Link and British Coal Corporation v Keeble & Others, the tribunal found there were no good reasons for the delay.

The tribunal accepted that the Claimant knew of the alleged acts when they occurred, but chose not to pursue them earlier. It noted that he had made a grievance in 2019, had access to union support, and had been able to research his rights. The tribunal also found substantial prejudice to the Respondent because the allegations were mainly oral, without witnesses, and some dated back nearly five years. Time was therefore not extended and both discrimination claims were struck out for want of jurisdiction.