Ms L Muhumza v Royal Hospital Chelsea — 2022

Ms L Muhumza was offered a care assistant role on 22 November 2021, subject to references, a DBS check and proof of right to work. On 1 February 2022, the respondent's HR adviser wrote that because the claimant's Indefinite Leave to Remain visa was in an expired passport and could not be accepted as proof of right to work, she must withdraw the offer of employment. The tribunal accepted that the effect of the emails exchanged on that day was that the offer had been withdrawn then.

The claimant later sent an email on 16 May 2022 with Home Office information about proving immigration status to a potential employer. The tribunal rejected the argument that this communication showed the offer had only then been withdrawn. It found that the alleged act of discrimination occurred on 1 February 2022, so the claim was presented outside the three-month time limit in section 123 Equality Act 2010. Early Conciliation did not start until 12 August 2022, and the first claim form was not presented until 17 August 2022, with a further claim form on 22 August 2022.

Applying the just and equitable extension discretion, and referring to British Coal Corporation v Keeble, Southwark London Borough Council v Afolabi, Chief Constable of Lincolnshire Police v Caston, Lupetti v Wrens Old House Ltd and Abertawe Bro Morgannwg University Local Health Board v Morgan, the tribunal found a significant delay with no credible explanation. It considered it possible that the claimant misunderstood the February correspondence, but thought it more likely that she understood she could be considered for future vacancies once she had evidence of her right to work. It also noted that Employment Judge Walker had made a deposit order because the claim had little reasonable prospect of success. The tribunal refused to extend time and dismissed the claims for want of jurisdiction.