Claimant v Chumroo v North East London NHS Foundation Trust — 2024

Mr V Chumroo brought disability and race discrimination claims against North East London NHS Foundation Trust. At the preliminary hearing on 7 August 2024, before Employment Judge A.M.S. Green, he had already withdrawn the disability discrimination claim. The remaining case was a race-based harassment claim arising from three alleged incidents: a complaint by Mr Lee Butcher on 28 June 2020 said to have been instigated by Mr David Tyler; a remark allegedly made by Mr Wendell Cumberbatch on 7 January 2023; and a remark allegedly made by Mr Philip Dick on 17 August 2023.

The tribunal accepted that the 17 August 2023 allegation was in time, but held that the 28 June 2020 and 7 January 2023 complaints were out of time. Applying section 123 of the Equality Act 2010, it found that there was no reasonably arguable continuing act linking the incidents together. The tribunal said the claimant had not provided contemporaneous documentation or a reliable evidential link between the incidents, and it noted that some of the material relied on emerged only in cross-examination.

In deciding whether to extend time on a just and equitable basis, the tribunal took account of the claimant's health issues, the length of the delay, his ability to work from home from November 2020, and the prejudice to the respondent in defending stale allegations. It concluded that the delay was not sufficiently explained and that an extension was not justified. Elements 1 and 2 were therefore struck out under Rule 37(1)(a); this judgment did not determine the merits of the in-time August 2023 allegation, and no remedy was awarded.