Mrs E F Baduka v Cumbria, Northumberland, Tyne & Wear NHS Foundation Trust — 2024

At the public preliminary hearing on 6 and 22 November 2024, the claimant withdrew her direct race discrimination claims and her harassment claims related to race. The only remaining complaint was harassment related to religion or belief. The tribunal approached the matter as a preliminary issue under section 123 Equality Act 2010, focusing on whether the claim had been presented in time or whether it should be allowed to proceed on a just and equitable basis.

The tribunal found that the last alleged act of harassment related to religion or belief occurred at the latest on 28 January 2023, so the primary limitation period expired on 27 April 2023. It accepted that ACAS notifications and the second claim were later than that date. The tribunal rejected the claimant's evidence that she had not instructed her first solicitors to notify ACAS or present the first claim, instead finding that she had instructed them to do so and that she was aware of the existence of the first claim and of tribunal time limits by at least 7 July 2023.

In deciding whether to extend time on a just and equitable basis, the tribunal took into account that the claimant had access to legal advice, that the delay in presenting the second claim was attributable to her rather than to her advisers, and that she had given evidence the tribunal considered knowingly misleading about the first claim. It also found that, despite attempts to identify a link between the alleged conduct and religion or belief, the claimant had not provided any prima facie explanation on causation. The tribunal therefore held that it had no jurisdiction to consider the harassment claim related to religion or belief and dismissed it.