In person For the v Mr P Sands, solicitor — 2023

Mrs P Sahib presented her claim on 14 December 2022 alleging pregnancy/maternity discrimination arising from a performance development plan in December 2019 and an end-of-year rating in March 2020. The tribunal treated March 2020 as the last act in the connected series for limitation purposes. It held that the primary time limit under section 123 Equality Act 2010 expired in or about early July 2020, and that the claimant’s later reliance on a conversation with Mr Jones in April 2022 did not restart the limitation period.

The tribunal accepted that the claimant had been aware in 2020 that she might have a discrimination complaint, had raised a grievance, and had sought advice from ACAS. It found that she did not bring proceedings at that stage because she believed the evidence was insufficient and because the PDP process had affected her confidence. The tribunal also accepted that her personal circumstances in 2022, including caring responsibilities and family health issues, explained the delay between April 2022 and December 2022.

On the just and equitable question, the tribunal relied on the length and reasons for the delay, the claimant’s access to advice, and the prejudice to both parties. It noted that key documents had been deleted under the respondent’s retention policies, that relevant managers had left employment, and that the respondent would be at a material disadvantage in defending an historic claim. Balancing that prejudice against the hardship to the claimant, the tribunal held that it was not just and equitable to extend time and dismissed the claim for want of jurisdiction.