Mr R G P Bilson v London Borough of Lambeth — 2018

This was a preliminary hearing dealing with time limits, strike-out/deposit applications and whether to refer a perceived-disability issue to the CJEU. The tribunal recorded that the claimant's Equality Act claims were based on race, religion or belief, and perceived disability arising from the withdrawal of a job offer in February 2017 after the respondent reviewed material from his 2014 agency engagement.

The tribunal held that it was not just and equitable to extend time for the allegation that Ms Canete made false allegations in 2014. It accepted that the claimant did not know of the 20 November 2014 email until 2017, but concluded that a fair trial on that issue would not be possible because Ms Canete had left and the respondent would be unduly prejudiced in being unable to call evidence from her. The tribunal also struck out the allegation that retaining the 2014 emails on file and/or on the respondent's server was discriminatory, finding that allegation had no reasonable prospect of success.

By contrast, the tribunal held that it was just and equitable to extend time for the 2017 allegations connected with the withdrawal of the job offer, because the claimant did not have reason to suspect discrimination until he received the disclosed emails on 10 July 2017 and then acted reasonably in seeking information and advice before commencing ACAS early conciliation and issuing proceedings. The tribunal declined to refer the perceived-disability issue to the CJEU at that stage, holding that facts first needed to be found at trial as to what the relevant decision-makers had perceived. It ordered a deposit in relation to the remaining claims.