Mr M Y Toure v The Hut.com Limited — 2022

Mr M Y Toure brought a claim against The Hut.com Limited alleging race discrimination and harassment arising from a series of workplace matters, including overtime, training support, probation, suspension, transfer delay, and an alleged intimidation incident in August 2020. The tribunal found that the last complained-of act was no later than August 2020, so the three-month time limit under section 123 Equality Act 2010 expired on 30 November 2020. The claim was not presented until 15 August 2021, almost nine months late.

The tribunal considered whether it was just and equitable to extend time, applying section 123 Equality Act 2010 and the authorities it cited, including British Coal Corporation v Keeble, Southwark LBC v Afolabi, Bexley Community Centre v Robertson, Apelogun-Gabriels v Lambeth LBC, and Robinson v Post Office. It accepted that the claimant said he had been pursuing internal grievances and appeals, but found that most appeals had finished by November 2020 and the final relevant appeal outcome was received on 3 June 2021. Even after that, the claimant waited until 6 July 2021 to contact ACAS and 15 August 2021 to present the claim.

In balancing the factors, the tribunal took into account the claimant's union membership and access to the internet, the length of delay, the lack of a clear explanation for not bringing the claim sooner, and some prejudice to the respondent because key witnesses had left the business. It therefore refused to extend time and held that it did not have jurisdiction to hear the claims.

For completeness only, the tribunal said that if its limitation decision were wrong it would have considered a deposit order because the claims had little reasonable prospect of success. It referred to Hemdan v Ishmail, Madarassy v Nomura International, Nagarajan v London Regional Transport, and Geller v Yeshrun Hebrew Congregation, and said it would have ordered a deposit of £50 for each of the six allegations. That was an alternative view and not the operative outcome.