In person For the v Mr. Parks Solicitor Advocate — 2018

At a preliminary hearing on 10 September 2018, the tribunal considered the respondent's application to dismiss the claimant's pregnancy and maternity discrimination complaint as out of time under section 123 of the Equality Act 2010. The respondent said the relevant decision not to recruit the claimant was communicated on 10 November 2017 and relied on Virdi v Commissioner of Police of the Metropolis and Bexley Community Centre v Robertson. The claimant said the final recruitment decision was not communicated until 21 November 2017.

The tribunal found that the facts were not agreed. It read the ET1 as pleading two separate events: a 10 November conversation with Ms Kashim that the claimant was considered unsuccessful at interview, and a later 21 November communication via Harris Hill that she had been unsuccessful. It held that the 21 November communication was a specific and subsequent act of discrimination, and in any event the issue was fact-sensitive and should proceed to a full hearing.

On that basis, the tribunal concluded that the complaint was presented in time and the respondent's limitation challenge did not succeed. The merits hearing remained listed for 21 March 2019.