Mr Ashad Ali v BMW (UK) Manufacturing Limited Heard: By CVP (Reading) — 2023

The respondent applied on 21 October 2022 to strike out the claimant’s complaints in respect of matters before January 2020 on the basis that they were out of time. The claimant, Mr Ashad Ali, alleged direct discrimination on the grounds of race and religion or belief, victimisation, discrimination arising from disability, and failures to make reasonable adjustments. The tribunal noted that any incidents before 14 September 2021 were outside the primary limitation period unless the claimant could show a continuing act or obtain a just and equitable extension.

The tribunal did not hear evidence and took the claimant’s case at its highest. Applying the authorities it cited, including Hendricks, Aziz, Sridhar, British Coal v Keeble, and Abertawe Bro Morgannwg University Local Health Board v Morgan, it held that there was a reasonably arguable basis for saying the pre-2020 allegations formed part of a continuing discriminatory state of affairs when read with the post-2020 allegations. It declined to break the case into artificial categories, saying that the alleged delay in promotion, the failure to offer a permanent contract, the extended probation period, grade, pay, and work allocation could potentially be linked.

The tribunal also held that the gaps from 2013 to 2017 and from December 2018 to January 2020 did not necessarily break continuity at this stage. It said that evidence might later show a link between the agency and the respondent, and between the earlier matters and the assignment to APU 2 in January 2020. On disability, the tribunal recorded that the respondent now accepted disability from February 2018 and stated that the disability complaints were all post-2020, so it did not need to find a link with the pre-2020 events for this preliminary decision. The respondent’s application was refused, and the questions of continuing act and whether it was just and equitable to extend time were reserved to the final hearing.