Ms N Nash v Priory Central Services Ltd — 2022

This was a preliminary hearing before Employment Judge Ahmed sitting alone at Leicester on 14 June 2022. The issue was whether the Claimant’s age and sex discrimination complaints, arising from events said to have occurred by 29 January 2021 at the latest, were out of time. The tribunal recorded that the Claimant’s employment ended on 23 March 2021, ACAS early conciliation began on 22 June 2021, the ACAS certificate was issued on 3 August 2021, and the ET1 was presented on 2 September 2021.

The tribunal accepted that the complaints were presented outside the ordinary three-month time limit in section 123 Equality Act 2010 and that there was no continuing act bringing them in time. It therefore considered whether it was just and equitable to extend time. In doing so, the judge referred to the Keeble factors, the approach in Robertson v Bexley Community Centre t/a Leisure Link, and the broad discretion described in Abertawe Bro Morgannwg University Local Health Board v Morgan. The judge also noted Secretary of State v Johnson on the relevance of delay before the final hearing.

The Claimant explained that after her employment ended she was in a mentally fragile state, had difficulty focusing on legal proceedings, spoke to a cousin, and later sought advice from a solicitor before turning to ACAS. The tribunal accepted that there was an explanation for the delay, even though the Claimant had been slow to obtain advice and had not produced medical evidence. It found that her period of inactivity was, in practical terms, March to June 2021 and described the overall delay as relatively short.

On prejudice, the tribunal found that the Respondent had not shown any material prejudice from the delay, whereas the Claimant would suffer substantial prejudice if the complaints were struck out altogether. The judge therefore extended time under section 123(1)(b) Equality Act 2010 and ordered that the sex and age discrimination complaints could proceed to the listed full merits hearing. No liability or remedy was determined at this hearing.