Mr Tahir Bytyqi v Arriva Kent and Surrey Limited — 2023

The claimant, Mr Tahir Bytyqi, brought a direct race discrimination complaint arising from events in June 2020, including an allegation that he was told he had been the subject of a complaint about inappropriate behaviour towards an underage person and that he was subjected to a three-day interrogation on 10, 11 and 15 June 2020. He also said that he had first felt discriminated against in February 2020 after comments said to him in a Brexit-related context. The tribunal treated the claim before it as a race discrimination claim and did not determine the merits of the alleged conduct.

The tribunal found that time started to run at the latest on 15 June 2020, and that the ordinary limitation period therefore expired in mid-September 2020. The claimant did not contact Acas for early conciliation until 18 August 2021 and did not present his claim until 1 November 2021. The tribunal accepted that he had been suffering from mixed anxiety and depressive disorder and had support from his trade union, but found that he knew of the alleged discrimination and his right to bring a claim from July 2020 at the latest.

Applying the broad discretion under s.123(1) Equality Act 2010, and the factors drawn from British Coal Corporation v Keeble and s 33 of the Limitation Act 1980, the tribunal held that the explanation for the delay was not compelling. It accepted that both parties would suffer prejudice if the other side’s position were adopted, but found that the balance of prejudice was broadly equal. Because the delay was over a year and the claimant had not brought the claim in time, the tribunal refused to extend time and dismissed the claim.