In person For the v Mr E Nuttman, Solicitor (Ward Hathaway) — 2024

The claimant’s complaint concerned his later engagement as a bus driver ending on 27 June 2022. He presented ACAS early conciliation only on 6 July 2023 and the tribunal held that the primary three-month time limit for an Equality Act claim had already expired on 26 September 2022. The claim form was then submitted on 16 July 2023, so the tribunal treated the claim as substantially out of time.

The tribunal accepted that the claimant had generalised anxiety disorder and that it affected him in the way described in his statement, based on his own evidence and a short letter from Dr Iram Zaidi. It also found that he had been communicating with the respondent in detail during the relevant period, including making subject access requests and sending lengthy correspondence in February 2023, which showed that he was capable of setting out his complaint and considering litigation. The tribunal noted that he had previously used ACAS in relation to the 2021 dispute and was therefore familiar with the process.

Applying the Equality Act time-limit approach and the just and equitable discretion, the tribunal concluded that the delay resulted from the claimant’s own error and that there was no satisfactory explanation for why he did not contact ACAS earlier or why he did not act promptly after the rejection of his first claim and reconsideration request. It accepted that the delay was not likely to have significantly affected the cogency of the evidence, but found some forensic prejudice and did not regard the balance of prejudice as sufficient to extend time. The tribunal therefore declined to extend time, held that it had no jurisdiction to hear the claim, and struck it out. It also said there was no basis to consider any amendment relating to whistleblowing detriment or dismissal.