Laura Honour v Mercedes-Benz Retail Group Limited Heard: By CVP (Watford) — 2022

The tribunal dealt only with a preliminary limitation issue on the claimant's sexual harassment complaint. It found that the claim had been issued out of time, but that it was just and equitable to extend time under section 123 of the Equality Act 2010. The underlying question of whether there had been a continuing act of discrimination was expressly reserved for the final hearing.

In reaching that conclusion, Employment Judge S. Matthews accepted the claimant's evidence that anxiety affected her ability to raise the complaint sooner and to research the tribunal time limits. The judgment records that she worked for Mercedes-Benz Retail Group Limited as a Star Expert from 1 August 2020, resigned on 13 July 2021, left work on 22 July 2021, and contacted ACAS on 8 November 2021, the same day she issued proceedings. The tribunal accepted that she had referred to anxiety from at least April 2021, and that her condition did not improve instantly when she left work.

The judge applied the Keeble checklist as discussed in British Coal Corporation v Keeble, while noting the approach in Abertawe Bro Morgannwg University Local Health Board v Morgan, Chief Constable of Lincolnshire v Caston, and Watkins v HSBC. The tribunal found that the delay was relatively short, that the claimant acted promptly once she realised the claim was out of time, and that the prejudice to the respondent was limited because the passage of time was short and relevant witnesses were still available. Balancing the prejudice to both parties, the tribunal extended time and left the merits of the sexual harassment complaint to be determined later.