Mr Matthew Coverley v Ministry of Defence RECORD OF A PRELIMINARY HEARING — 2024

Mr Matthew Coverley brought a race discrimination claim under s.13 Equality Act 2010 concerning rejected RAF applications in 2020 and 2022, together with a 2023 service complaint. At this preliminary hearing the Ministry of Defence accepted that s.21 EqA did not apply because the claimant was not serving when the alleged acts occurred, and the only live issue was whether the 2020 and 2022 complaints were out of time under s.123 EqA.

The tribunal accepted the claimant’s evidence that he did not know until about 29 June 2023 that the RAF had applied a policy involving the pull-forward of female and ethnic minority candidates, and that he had no reason earlier to suspect discrimination in the rejection of his applications. It found the August 2022 and February 2023 media reports were less likely to have alerted him, and accepted that he was on an intensive flying course in February 2023. The tribunal also noted that he acted quickly once aware of the issue, filing a service complaint on 11 July 2023 and starting Early Conciliation on 27 July 2023.

Applying the just and equitable discretion under s.123(1) EqA and referring to Robertson v Bexley Community Centre t/a Leisure Link, the tribunal held that time should be extended for both the 2020 and 2022 race discrimination complaints. It considered the delay, the respondent’s prejudice argument, and the fact that much of the relevant evidence had been preserved in the respondent’s internal investigation, and concluded that the claims should proceed to a full hearing.