Mr S Akhtar v Santander UK plc — 2021

This was a preliminary hearing on time limits and jurisdiction. The claimant brought unfair dismissal and Equality Act complaints of direct discrimination and harassment on grounds of race, religion and sex. The parties agreed the claim was filed 23 days outside the primary limitation period, after the claimant received the outcome of his internal appeal.

The Tribunal did not accept, on the balance of probabilities, that the claimant had been told by the respondent's HR team or by Acas that he had to complete the internal appeal process before issuing a tribunal claim. It also found that the claimant had not shown that health reasons prevented him from presenting the claim in time. The Tribunal found the claimant knew about time limits, had trade union support, and chose to wait for the appeal outcome.

For unfair dismissal, the Tribunal found it was reasonably practicable for the claimant to present the claim within time, so that claim was struck out. For the Equality Act claims, the Tribunal considered all relevant factors and found it just and equitable to extend time to 19 February 2020, noting the 23-day delay, the claimant's prompt action after the appeal outcome, the respondent's records and prior investigations, and the relative prejudice to the parties. The Tribunal made no findings on liability or on whether earlier alleged acts formed part of a continuing course of conduct.