Miss W Faminu v London Borough of Hackney — 2022

The preliminary issue was whether time should be extended under s123(1)(b) Equality Act 2010 for a sexual harassment claim presented on 28 April 2022. The Tribunal found that the last act complained of was on 15 November 2021, so the primary limitation period expired on 14 February 2022. The Claimant contacted ACAS on 26 April 2022 and did not obtain any extension through early conciliation because ACAS was not contacted within the primary time limit.

The Tribunal found that the Claimant had raised a post-employment grievance and had waited for its outcome, but that she had access to advice through UNISON and was capable of finding information about tribunal time limits. It found that until around the end of March 2022 she did not want to bring a claim and wanted the grievance process to resolve matters, and that between the end of March and 26 April 2022 she was making up her mind about whether to bring a claim.

The Tribunal took account of the Respondent's delay in issuing the grievance outcome and the prejudice to the Claimant in being unable to pursue serious allegations. It also considered the length and reasons for the delay, the availability of advice, the fact that the Claimant had left employment, and the prejudice to the Respondent of facing a late claim. Weighing all factors, it held that it was not just and equitable to extend time, and dismissed the claim for lack of jurisdiction.