In person For v Mr A Currie, Solicitor — 2019

The claimant brought race discrimination complaints arising from a long sequence of allegations dating back to 2009. The tribunal recorded that acts 1-32 in his schedule were said to have occurred between 20 January 2009 and July 2016, and that paragraph 33 concerned the Back on Track process, including a meeting on 19 October 2017. It also found that the claimant had been seconded to Northwick Park Hospital from 6 June 2017 to 14 May 2018 under agreements concluded in June 2017.

Applying s.123 Equality Act 2010 and the authorities on continuing acts, including Hendricks, Lyfar and Aziz, the tribunal held that there was no reasonably arguable basis for treating the earlier complaints and the events during the secondment as one continuing discriminatory state of affairs. It noted that the only alleged act during the secondment was the 19 October 2017 meeting, which the claimant attributed to Jane Hawdon’s failure to challenge decisions made by the Northwick Park supervisor, and found that this was materially different from the earlier allegations.

The tribunal also held that it was not just and equitable to extend time. It relied on the age of the allegations, the number of alleged perpetrators, the fact that some were no longer employed by the Trust and one had died, the risk to the cogency of evidence caused by delay, and the claimant’s evidence that he had considered bringing tribunal proceedings in 2015/2016 but chose instead to follow the Back on Track process. It also noted that he had union support and later solicitors’ assistance.

As a result, the race discrimination complaints relating to acts during and before October 2017 were struck out for lack of jurisdiction. The judgment did not determine the claimant’s constructive unfair dismissal or breach of contract complaints at this hearing.