Claimant v Croner Management and Medcare Home Services Ltd — 2021

The claimant, Mrs Joan Bernard-Love, withdrew her complaint about pension contribution loss so that she could pursue it in another jurisdiction if relevant. The second respondent was added to the proceedings by consent. The hearing was conducted remotely with the parties' consent, and the tribunal sat with Employment Judge G Tobin and lay members Mr D Bean and Mr D Sutton.

The tribunal held that the claimant was not directly discriminated against on the grounds of race, contrary to s13 Equality Act 2010. It also found that the race discrimination complaints arising before 11 February 2018 were out of time under s123 Equality Act 2010. The tribunal treated two alleged acts as part of a continuous course of conduct under s123(3)(a), but held that the later of those acts was not brought within the statutory time limit under s123(1)(a).

Even if the earlier complaints had merit, the tribunal decided not to exercise its discretion under s123(1)(b) Equality Act 2010 to allow any of the out-of-time complaints to proceed to remedy. As the case was concluded on that basis, the proceedings were dismissed.