Case 3326444/2019 · Employment Tribunal
In person For the v Mr T Hussain, Legal Consultant — 2018
- Case reference
- 3326444/2019
- Decision date
- 28 November 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Moore Appearances
- Venue
- Cambridge
Parties
2 namedClaimant
In person For the
Respondent
Key findings
Tribunal's reasoningThe claimant's employment ended on 5 April 2019. The judgment recorded complaints about an alleged sexual comment made by an independent contractor on 8 November 2018, later complaints about intimidating stares and the handling of her grievance, and grievance hearings on 17 and 31 January 2019. The grievance was partially upheld only to the extent that the external consultants found an inappropriate comment had been made; there was no evidence that Mr Britnell had instigated it. The claimant resigned by letter dated 12 March 2019.
The tribunal held that the sex and disability discrimination claims were out of time. In relation to the claim against Mr Britnell, even if the alleged conduct extended to 28 November 2018, ACAS should have been notified by 27 February 2019 and the first claim was not presented until 22 September 2019, around five months late. In relation to AECAT Ltd, even on the assumption that the alleged discrimination continued until the termination date of 5 April 2019, time expired on 7 August 2019 and the first claim was about six weeks late.
The tribunal refused to extend time on a just and equitable basis. It found that the claimant had received legal advice from 5 December 2018, knew about ACAS and the limitation position by early 2019, continued to seek advice from several sources, and was not so unwell that she could not have protected her position. It also took account of the age of the events, the resulting prejudice to the respondents, and the view that the merits of the discrimination claims appeared weak.
The claim of institutional abuse was also struck out because it did not disclose a claim within the tribunal's jurisdiction.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Sex discrimination | Struck out as out of time; the tribunal refused to extend time on a just and equitable basis under section 123 Equality Act 2010. | Struck out | Sex | — |
| Disability discrimination | Struck out as out of time; the tribunal refused to extend time on a just and equitable basis under section 123 Equality Act 2010. | Struck out | Disability | — |
| Other | The tribunal held that the claim of institutional abuse did not give rise to a claim within its jurisdiction. | Struck out | — | — |
Legal tests applied
3 references- section 123 Equality Act 2010
- section 140B Equality Act 2010
- just and equitable extension of time
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.