Mr J Jupp (Counsel) For the v Respondent — 2023

Ms Curtis, a Royal Air Force Corporal, brought claims arising from pregnancy and maternity leave in 2017 and 2018, including pregnancy and maternity discrimination about the cancellation of a medical board appointment and an indirect sex discrimination claim about not being allowed to defer promotion while on maternity leave. This hearing was limited to jurisdiction and limitation. The tribunal accepted that the claim had been issued outside the primary time limit, but the claimant had pursued the service complaint route first and the ET1 was not presented until 6 December 2021 after the service complaint appeal ended on 21 September 2021.

The tribunal held that paragraphs 26(a), 26(a)(i) and 26(a)(ii) could not proceed because the medical board cancellation complaint had not been included among the heads forwarded by the Specified Officer to the Defence Council. As that issue was not taken forward in the service complaint and was not appealed, the judge treated it as abandoned and struck it out for want of jurisdiction under s.121 Equality Act 2010.

The remaining claims were not struck out. The judge found the claimant was confused about the interaction between the service complaint process and Employment Tribunal time limits, had been advised to use the service complaint route, and had not been expressly told about the separate tribunal deadline. Applying the just and equitable discretion in s.123(2)(b) Equality Act 2010, and taking account of the likely need to stay any tribunal claim pending completion of the service complaint process, the tribunal extended time so the surviving claims were in time. No merits findings or remedy were decided at this hearing.