Case 3332226/2018 · Employment Tribunal
In person For the v Mr Griffith Jones, Solicitor — 2018
- Case reference
- 3332226/2018
- Decision date
- 20 August 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Postle Appearances
- Venue
- Norwich
Parties
2 namedClaimant
In person For the
Respondent
Key findings
Tribunal's reasoningAt a preliminary hearing on 14 July 2020, Employment Judge Postle considered whether the claimant's complaints were in time under s.123 EqA 2010. The tribunal held that the allegations from March 2015 to 2 May 2018 were isolated single acts rather than a continuing course of conduct, so the limitation period ran from each act, subject to Acas early conciliation, which ran from 27 June 2018 to 11 July 2018.
The tribunal refused to extend time on the just and equitable basis. It recorded that the claimant said he knew about the Equality Act and had training in 2012, that he did not believe at the time that he was being discriminated against, and that he had not taken steps to enforce his rights during the relevant period. It also noted potential prejudice to the respondents because interview, correspondence and recruitment records had been cleansed in readiness for GDPR.
For the claims arising on 16 May 2018 and 11 June 2018, the tribunal did not determine the merits finally but ordered £100 deposits for each under Rule 39 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, stating that each had little reasonable prospect of success. The tribunal said those deposits were ordered on the basis that the claimant had until recently been gainfully employed.
The claims arising between 26 July 2018 and 20 August 2018, together with the victimisation allegation that the suspension lasted longer than appropriate, were struck out under Rule 37 as having no reasonable prospect of success. No final award of compensation or other monetary remedy was made.
Claims and outcomes
5 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | All claims from March 2015 to 2 May 2018 were found to be out of time and were dismissed because the tribunal refused to extend time on just and equitable grounds. | Dismissed | — | — |
| Other | Claim arising on 16 May 2018: the tribunal ordered a £100 deposit as a condition of continuing because it considered the claim to have little reasonable prospect of success. | Other | — | — |
| Other | Claim arising on 11 June 2018: the tribunal ordered a £100 deposit as a condition of continuing because it considered the claim to have little reasonable prospect of success. | Other | — | — |
| Other | Claims arising between 26 July 2018 and 20 August 2018 were struck out as having no reasonable prospect of success. | Struck out | — | — |
| Victimisation | The victimisation allegation that the suspension was longer than appropriate was struck out as having no reasonable prospect of success. | Struck out | — | — |
Legal tests applied
7 references- s.123(3)(a) EqA 2010
- s.123(3)(b) EqA 2010
- just and equitable test
- Robertson v Bexley Community Centre, t/a Leisure Link
- Rule 37
- Rule 39
- Chandhok
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.
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