Ms S Howitt v The State Hospitals Board for Scotland — 2024

The tribunal held a preliminary hearing on whether it was just and equitable under section 123 of the Equality Act 2010 to extend time for claims of direct sex discrimination and harassment related to sex, with a possible victimisation claim also mentioned in the reasons. It accepted that the claimant, Ms S Howitt, had been employed by The State Hospitals Board for Scotland since 2006 as a porter, and that the last alleged act relied on was in August 2023. Early conciliation started on 22 April 2024 and the claim form was presented on 3 May 2024.

Applying the wide discretion under section 123 and the authorities it cited, including Robertson, Morgan and Adedeji, the tribunal found the delay significant. It attached weight to the claimant’s email of 27 October 2023, which referred to being advised that taking the case to an Employment Tribunal was open to her, and treated that as showing she knew about the possibility of a tribunal claim and had chosen not to pursue it at that stage. The tribunal accepted that she had been upset and unwell, but found the evidence did not show that her condition prevented her from starting early conciliation or presenting a claim in time.

The tribunal also considered prejudice and prospects of success. It noted that the pleaded history went back to 2017 and involved several individuals, so a late claim would be difficult for the respondent to investigate. It further found that the claimant had not articulated how the alleged conduct was because of sex, related to sex, or, if victimisation was pursued, because of a protected act. Balancing those factors, the tribunal held that it was not just and equitable to extend time, concluded that the claim was outside its jurisdiction, and dismissed it.