in person For the v Respondent — 2019

Dr Ahari worked for the respondent for three months in 1998 and presented post-termination victimisation claims in November 2018. He relied on alleged detriments beginning in 1998 and continuing through correspondence in October and November 2018, and he said the protected acts were earlier employment tribunal claims in 1997 and 2001.

The tribunal held that the allegations based on events before October 2018 were out of time under section 123 of the Equality Act 2010. It refused to extend time on the just and equitable basis, taking account of the length of delay, the claimant's reasons for delay, the death of Dr Ingram, the age of the events, the absence of training records, and the prejudice to the respondent. The claimant did not serve a witness statement or give evidence on why the claims were late.

For the in-time allegations, the tribunal considered Professor Mundy's letter of 31 October 2018 and Professor Levi's reply of 6 November 2018. It held there was no reasonable prospect of showing that either refusal to investigate was because of the claimant's earlier tribunal claims, and accepted the respondent's explanation that the complaints were too old, records were unavailable, and many relevant people no longer worked there. It also held those refusals were not part of a continuing course of conduct with the earlier 1998-2006 matters.

The tribunal therefore concluded that all claims should be struck out. No remedy was awarded.