Mr R Aaryan v Reckitt Benkiser group plc and others — 2020

The preliminary hearing took place on 18 March 2020 before Employment Judge Gumbiti-Zimuto. The claimant did not attend and was not represented. The tribunal was considering whether complaints of discrimination on grounds of race and or religion could be heard in time. The ET1 was presented on 12 April 2018, and applying the early conciliation provisions and section 123 Equality Act 2010, the tribunal treated 15 December 2017 as the date after which complaints were out of time.

The claimant complained about the rejection of 29 applications for different roles between 26 August 2015 and 26 January 2018. The tribunal accepted the respondent's account that the applications were made through multiple user accounts and names, for different roles, employers and hiring managers, and that they were considered at different stages of the recruitment process. It held that each application and rejection was a discrete act rather than a continuing course of conduct, and it also noted the length of delay, the absence of any explanation from the claimant, and the likely prejudice to the respondent because some witnesses were no longer employed.

The tribunal therefore held that complaints relating to events before 15 December 2017 were presented outside the time limit and that it was not just and equitable to extend time. It recorded that the claimant could pursue the in-time complaints relating to the final application on 25 January 2018, rejected on 26 January 2018, and that the final hearing would concern the specified in-time direct discrimination and harassment allegations.