Mr Ahsan Khan v The Scottish Housing Regulator — 2017

Mr Ahsan Khan applied in July 2016 for inclusion on the Scottish Housing Regulator's selection list of individuals considered suitable to act as Statutory Manager. The tribunal held that the exercise of assessing applicants for that list fell within section 50 of the Equality Act 2010, because it was part of the arrangements for deciding to whom to offer an appointment to public office. The tribunal took a broad view of the statutory wording, treating the selection list as an important preliminary stage in the appointment process.

On the direct discrimination claim, the tribunal held that the relevant act was the publication of the successful selection list on 28 September 2016. It found that the claim was therefore within time, and that the ACAS early conciliation period extended the limitation period so that the ET1 presented on 28 December 2016 was in time. The direct discrimination claim was allowed to proceed; the tribunal did not determine the merits of the allegation at this hearing.

The tribunal held that the indirect discrimination claim and the victimisation claim crystallised on 29 July 2016, when the Claimant's application was not successful at first sift. On that basis the three-month time limit expired on 28 October 2016, before ACAS early conciliation began on 8 November 2016. It refused to extend time on the just and equitable basis after considering the length and reasons for delay, the Claimant's decision to prioritise personal matters, the absence of professional advice, the effect on evidence, and the prejudice to both parties.

The Claimant also applied to strike out the Respondent's response on the basis of an earlier inaccuracy about the number of appointments from the selection list. The tribunal refused that application. It held that the position had been clarified, that the inaccuracy caused no prejudice to the Claimant's case, and that a fair hearing remained possible.