Did not attend nor represented For the v Mr S Sudra - Counsel — 2019

Dr Abdolreza Ahari brought claims of direct race discrimination and victimisation against Buckinghamshire Healthcare NHS Trust. He said earlier tribunal proceedings in 1997 and about 2001 were protected acts and that detriments followed from 1998 onwards, with the pleaded allegations running through April and May 2016 and one later allegation about a complaint letter dated 27 October 2018. The tribunal heard the respondent's strike-out application at an open preliminary hearing on 15 August 2019, in the claimant's absence after refusing his postponement request.

Applying section 123 of the Equality Act 2010 and the strict approach to strike-out in discrimination cases, the tribunal held that the historical allegations were substantially out of time. It found that the claimant had not shown the series of allegations from 1998 to 2016 could be treated as conduct extending over a period, and he gave no reason why they could not have been brought earlier. The tribunal referred to Robertson v Bexley Community Centre, Chief Constable of Lincolnshire Police v Caston, Ayanwu v South Bank Student Union, and Balls v Downham Market High School and College.

The tribunal also struck out the allegation based on the 27 October 2018 letter, which was the only allegation within the primary time limit. It found it wholly implausible that any failure or delay in dealing with that letter could amount to a detriment, given that Early Conciliation began on 30 October 2018 and proceedings were presented on 5 November 2018. Later 2018 allegations raised in correspondence were not included because no written amendment application had been made. The result was that the proceedings were struck out and nothing remained in the case.