Mr J Edens v Tayside Public Transport Company Limited — 2021

Mr Edens brought claims of unlawful discrimination on grounds of sexual orientation arising from a series of alleged incidents from 2014 onwards. The respondent argued that the matters set out in paragraphs 1-18 of his further and better particulars were time barred. The claimant sought a just and equitable extension of time, and he also indicated that he wished to add a claim of unfair constructive dismissal, which the respondent did not oppose.

The tribunal held that the pleaded matters were not conduct extending over a period but a series of separate incidents, so the three-month time limit under section 123 Equality Act 2010 ran from each individual act. It found that the allegations in paragraphs 1-18 were presented after the expiry of the limitation period, with the most recent of those matters being around 80 days out of time.

Applying the just and equitable test and referring to Robertson v Bexley Heath Community Centre, British Coal Corporation v Keeble, Abertawe Bro Morgannwg University Local Health Board v Morgan and Averns v Stagecoach in Warwickshire, the tribunal refused to extend time. It found the delay lengthy, concluded that the claimant's ignorance of the time limit was not reasonable given his union contact and familiarity with workplace processes, and held that his mental health difficulties did not explain the delay or prevent him from acting. It also took account of prejudice to the respondent, including the age of the allegations and the fact that several relevant former employees no longer worked for the respondent.

The tribunal therefore held that it had no jurisdiction to hear the pre-5 May 2020 sexual orientation discrimination matters listed in paragraphs 1-18 of the further and better particulars. It directed that a further preliminary hearing be listed to case-manage the remaining timely discrimination claims and the amended unfair constructive dismissal claim.