Mr Amrish Patel First v Mitie Ltd Second Respondent: Mr Paul Owen Third Respondent: Mr Anthony Taylor PRELIMINARY HEARING — 2023

At the preliminary hearing on 11 July 2023, Employment Judge Alliott considered whether the claimant's age discrimination complaints, based on seven unsuccessful internal job applications between 13 March 2021 and 13 September 2021, were in time under section 123 of the Equality Act 2010. The judge recorded that the last rejection was on 13 September 2021, so the primary three-month time limit expired on 12 December 2021, and that the claim form was presented on 21 March 2022, three months and nine days late.

The claimant said he had not brought the age discrimination complaints earlier because he viewed his resignation, following the grievance outcome of 2 December 2021, as the final straw. The tribunal accepted that he knew he could bring tribunal claims, that he was aware of the three-month limit, and that he had researched his rights, contacted Acas, and consulted solicitors. It found there was no prima facie case that the age discrimination complaints were linked to the constructive dismissal claim, and it treated the delay as significant. The judge also noted some prejudice to the respondent because including the age discrimination issues would lengthen and complicate the final hearing.

The age discrimination claims were therefore struck out as out of time, with the tribunal finding it would not be just and equitable to extend time. Mr Dean Mansfield was removed as a party because no discrimination claim was made against him. The respondent's application to strike out the constructive unfair dismissal claim was dismissed because the tribunal considered the claimant was entitled to litigate the grievance outcome of 2 December 2021 as a possible catalyst for resignation, and because he had not wholly failed to comply with the earlier case management order.