Ms S Sillah v Clothing 4 Ltd and 2 others — 2020

This was a preliminary hearing on whether Ms S Sillah’s racial harassment claim was in time. The claimant accepted that the correct respondent for the harassment claim was Apparel Group Ltd and accepted that the claim was presented out of time. The tribunal therefore considered only whether it was just and equitable to extend time under s.123 Equality Act 2010.

The tribunal found that the claimant worked for Apparel Group Ltd until June 2019, and that all of the racial harassment allegations related to that period. She complained to her employer on 10 June 2019 and was told the matter would be investigated. When no response came, she said that by October 2019 she believed she would not receive a response that addressed her concerns. She did not contact her employer again after June 2019 to chase the complaint, saying she was unwell with stress.

The claimant contacted ACAS in September 2019, started early conciliation on 17 December 2019, received the early conciliation certificate on 17 January 2020, and obtained legal advice on 1 December 2019. The claim was presented on 4 March 2020, about nine months out of time. The tribunal accepted her evidence, describing her as a credible witness, and noted that she had taken steps to seek redress, seek advice, and pass the matter to her advisers.

Applying the wide discretion under s.123 and the authorities it cited, including Robertson v Bexley Community Centre t/a Leisure Link and Abertawe Bro Morgannwg University Local Health Board v Morgan, the tribunal held that the balance of prejudice and the claimant’s attempts to pursue the matter meant it was just and equitable to extend time. The result was that the racial harassment claims could proceed to a final hearing. No merits finding or monetary award was made at this stage.