In Person For the v Respondent — 2023

The tribunal held that claim 2201386/2022 was presented out of time. The last alleged act in that claim was the refusal to shortlist the Claimant for Senior Lecturer in Arabic on 19 October 2021. After taking account of early conciliation, the last date for a timely claim was 14 March 2022, but the claim was presented on 21 March 2022. The tribunal refused to extend time on a just and equitable basis, taking into account the Claimant's 2019 grievance, his union representation, the delay before issuing proceedings, and the age of many of the allegations.

On the continuing-act issue, the tribunal found no prima facie case linking the historical allegations in the first claim with the allegations in the second claim. It applied the authorities on continuing acts and extension of time, including Hendricks, Lyfar, Aziz, Sakyi-Opare and the just and equitable cases, and held that the later allegations concerned different decision-makers, different factual situations, and a substantial gap in time. The tribunal also noted that the Claimant had objected to consolidation, which weighed against treating the two claims as a single continuing state of affairs.

For claim 2210937/2022, the tribunal struck out only the allegation that the Respondent had placed an underage student in the Claimant's teaching group in summer 2022, causing safeguarding issues and putting him in a difficult situation. It accepted the Respondent's submission that this allegation had no reasonable prospects of success and that the Claimant had not explained the factual basis for race discrimination or victimisation. The tribunal did not strike out, and did not order a deposit for, the remaining allegations in that claim concerning refusal of conference funding and removal from a course after an internet interruption. No compensation or other final remedy was determined at this hearing; those issues were left to the final hearing listed for 24 to 26 January 2024.