Mrs Elizabeth Stephens v Secretary of State For The Home Department — 2022

This was a preliminary hearing about whether the claimant's race-related harassment complaints were in time, or whether time should be extended. The respondent did not pursue the time point in relation to the direct race discrimination allegations, which were to proceed to the final hearing regardless of this decision.

The Tribunal found a prima facie case that the alleged incidents involving Ms Leverette laughing, pulling faces, and mocking the claimant in front of a contractor were linked and could amount to a continuing discriminatory state of affairs. The Tribunal could not make a definitive finding on the latest date of those alleged acts because the evidence before it did not establish when Ms Leverette left the respondent's employment or when the last alleged incident occurred.

In case the harassment complaints were otherwise out of time, the Tribunal considered whether it was just and equitable to extend time. It took account of the delay in the respondent's grievance process, the claimant's waiting for the grievance outcome, the possible overlap with evidence needed for the race discrimination claim, and the relative prejudice to each party. It concluded that the harassment complaints had been presented within such further period as was just and equitable, so they were not dismissed and could proceed to the final hearing.