Mr N Toms of Counsel For the v Respondent — 2020

The preliminary hearing considered whether the claimant's sex discrimination and harassment claim, arising from alleged incidents on 11 and 12 June 2019, could proceed despite being presented outside the primary time limit. The Tribunal found that the primary time limit expired on 11 September 2019, that ACAS early conciliation was not started until 21 January 2020, and that the ET1 was presented on 9 February 2020.

The Tribunal considered the claimant's reasons for delay, including her knowledge of tribunal claims, advice from her union representative, attempts to resolve the matter through the respondent's internal process, and health and caring circumstances. It concluded that the claimant genuinely lacked knowledge of the time limit, that it was reasonable for her to rely on the union representative's approach at the time, and that her circumstances made it reasonable not to identify and act on the time limit sooner.

After weighing prejudice and the effect of delay on the evidence, the Tribunal decided that it was just and equitable to extend time. It held that it had jurisdiction to entertain the claim and directed that the claim continue for further procedure.