Mr Haani Elseed v Common Services Agency — 2023

At this preliminary hearing, the tribunal considered whether Mr Haani Elseed was disabled and whether parts of his race discrimination claim were in time. It found that he was not disabled under section 6 Equality Act 2010. Although it accepted that he had two lengthy periods of sickness absence after seeing a supervisor at work, it found no reliable medical evidence of anxiety or any other mental impairment, and it concluded that the effects on sleep, socialising and studies were substantial but brief and did not support a finding of a substantial and long-term adverse effect on normal day-to-day activities.

On limitation, the tribunal held that the race discrimination complaints concerning 2014, 2016 and 2019 were discrete acts separated by years and different decision-makers, so they were not capable of being treated as a continuing act. It accepted that there was some connection between the 2014 complaint and the 2016 warning, and between the 2016 and 2019 work-location decisions, but found no material connection to the 2022 dismissal decision. It also refused to extend time on the just and equitable basis, noting that the claimant knew race discrimination was unlawful, had access to legal advice, and had not shown a sufficient reason for the delay.

The judgment therefore dismissed the disability discrimination claim and dismissed the race discrimination complaints other than the dismissal allegation. The complaint that the 20 October 2022 dismissal was race discrimination was not determined at this hearing and was listed to proceed, together with the unfair dismissal claim, to the final hearing. No monetary remedy was awarded in this judgment.