Mr M Robinson v Transport for London — 2024

The Claimant continued to be employed by Transport for London and brought complaints arising from his pay, conditions, role evaluation, and unsuccessful applications for two roles. At the preliminary hearing he withdrew his breach of contract complaint after the Tribunal discussed its jurisdiction while he remained employed, and withdrew his equal pay complaint after clarifying that he no longer relied on the pleaded comparators for equal pay.

The Tribunal treated the latest existing allegation as the Respondent's failure to appoint the Claimant to two roles by 30 September 2022. It found the claim was presented outside the relevant time limits, even assuming the allegations formed a continuing act ending on that date. The Tribunal considered the Claimant's reliance on the internal grievance process, his previous experience of bringing a discrimination claim, the delay after receipt of the ACAS certificate, the absence of a submission that he was unaware of time limits or wrongly advised, the prejudice to each party, and the apparent strength of the complaints.

The Tribunal declined to extend time on a just and equitable basis and struck out the existing complaints for lack of jurisdiction. It also refused the application to amend to add a victimisation complaint about a June 2023 performance grading decision, because the original claim had been struck out and the proposed new complaint was itself out of time, with no ACAS certificate relating to it.