Mrs J McClure v Specialist Crafts Limited — 2021

At the open preliminary hearing on 31 March 2021 before Employment Judge P Britton, sitting alone by video, the tribunal considered whether two complaints arising from February 2020 were in time: an age discrimination complaint linked to the management buyout and a direct sex discrimination complaint linked to a meeting on 24 February 2020. The claim form was presented on 16 October 2020. On the tribunal's calculation, the latest primary limitation date would have been 23 May 2020, so both complaints were presented almost five months late.

The tribunal rejected the claimant's reasons for the delay. It did not accept that there was a continuing act because that case was not pleaded and no amendment was sought. It also found that the explanations advanced, including advice from a friend, concerns about the neutrality of the grievance process, the impact of Covid-19, home working, and uncertainty about ACAS, did not make it just and equitable to extend time. The two February 2020 discrimination complaints were therefore dismissed.

The judgment recorded that the remaining claims, including unfair dismissal and a separate direct sex discrimination complaint relating to the redundancy package, were in time and would proceed. No remedy was awarded in this decision because the tribunal was dealing only with time limits and case management directions.