Mr Frater (consultant) For the v Respondent — 2022

The hearing was a preliminary application on time limits, strike out and deposit. The tribunal held that discrimination allegations before 3 March 2020 were nominally out of time, but extended time on a just and equitable basis under section 123 Equality Act 2010. It noted that the claimant had pursued internal grievance procedures, had advice from a consultant, trade union and solicitor, and had chosen to wait for the internal process to finish before issuing proceedings. The tribunal also noted that the respondent had not shown any specific prejudice from the delay.

The tribunal recorded that two allegations in the particulars of claim, described as excessive delay in dealing with grievances and whitewashing grievances, arose after the time limit cutoff and were therefore in time on the EC certificate dates. It also considered that there could be a continuing act linking earlier conduct with the later grievance-handling allegations, but said that issue would ultimately be for the final hearing if necessary.

On strike out, the tribunal declined to dispose of the case. It held that the direct disability discrimination allegation could, if the claimant's evidence were accepted, permit inferences related to disability. The indirect discrimination, reasonable adjustments, victimisation and harassment allegations all involved disputes of fact and were not suitable for strike out on the pleadings. The tribunal also refused to order a deposit, finding that the prospects of success were not so slight as to justify that step. No merits findings or compensation were made in this judgment.