Mrs M Mwarowa v Durham County Council — 2024

This was a preliminary hearing about time limits and jurisdiction, not a final determination of the merits. Mrs Mwarowa had brought complaints alleging direct sex, race, and religion or belief discrimination and harassment. The allegations arose from meetings and related events after Facebook posts attributed to her were raised by the respondent shortly after she began employment as a Family Support Worker. The tribunal recorded that the claimant's employment ended by resignation, with 19 April 2023 treated as the effective date of termination for the purposes of the time issue.

The tribunal found that the claims were out of time. The last alleged discriminatory act occurred no later than 19 April 2023. Early conciliation began on 6 April 2023 and the certificate was issued on 15 May 2023. The primary limitation period expired no later than 14 August 2023, while the claim was accepted with effect from 5 September 2023 after an initial rejection was remedied. The respondent focused on the period between 14 August and the initial presentation on 3 September 2023, approximately three weeks.

Employment Judge Legard applied the just and equitable extension discretion under section 123 of the Equality Act 2010. The tribunal accepted that the claimant knew about time limits and had the relevant facts by 15 May 2023, and found no conduct by the respondent making it unconscionable for it to rely on the limitation point; the judgment stated that the respondent had acted with complete propriety in that respect. However, the tribunal accepted the claimant's explanation that she had been unwell, unsupported, concerned about employment and housing consequences, and had received little meaningful support from her union at a critical point.

The tribunal found that the delay was relatively short and that the claimant acted promptly once her mental health and confidence had sufficiently improved. It found no significant prejudice to the respondent beyond the ordinary cost and resource consequences of defending the claim, and no suggestion that the cogency of the evidence had been compromised. The tribunal therefore held that the factors supporting an extension significantly outweighed those against it, extended time until 5 September 2023, and held that the complaints of race, sex, and religion or belief discrimination and harassment could proceed to a full hearing. No remedy was awarded in this judgment.