Mr R Mahl v Secretary of State for Work and Pensions HEARING — 2022

Mr R Mahl worked for the Secretary of State for Work and Pensions as a Business Analyst from 12 August 2012 until dismissal for alleged gross misconduct on 4 September 2019. At the preliminary hearing the tribunal considered the claimant's pleaded heads of claim: disability discrimination, including a failure to make reasonable adjustments, race discrimination, harassment, victimisation and unfair dismissal. The ET1 was lodged on 13 November 2020, after a series of internal grievance and appeal steps in 2020.

On unfair dismissal, the tribunal held that the claim was presented outside the three-month time limit in s.111(2) ERA 1996 and that it was reasonably practicable to present it in time. It rejected the claimant's evidence that he had delayed because of trade union advice or because the internal procedure had not finished, finding that the dismissal letter made the end of employment clear and that he should have acted after the appeal outcome intimated on 10 July 2020. The tribunal did not accept that the internal appeal process extended time.

On the disability and race claims, the tribunal held that the claims were also out of time under s.123(1)(a) Equality Act 2010 and that it was not just and equitable to extend time. It found that the complained-of acts by Peter Taylor and Nick Stabeler had started at the latest by 14 June 2019, that later complaints against Karen Pearson, Kim Eveleigh, Patrice Mulligan and Chris Clark did not appear to be continuing acts, and that the grievance outcomes in March and August 2020 did not justify the delay. The tribunal considered section 108 Equality Act 2010 and concluded it was not engaged, and it found that the claimant's eye problems in July 2020 did not prevent him from dealing with the claim. All claims were dismissed and the hearing fixed for February 2023 was discharged.