Miss Theresa Abraham v Represented by: Mr S Wilson Solicitor Westguard Security Ltd — 2018

Miss Theresa Abraham alleged sexual harassment by Mr Steven McMahon and unfair dismissal by Westguard Security Ltd. This judgment was a preliminary hearing on time bar only. The tribunal accepted that the last act relied on for the harassment claim was her resignation on 8 July 2017, and that the claim presented on 15 November 2017 was late on its face by about five weeks. It also treated the unfair dismissal complaint as out of time unless an extension could be granted.

For the Equality Act claim, the tribunal applied section 123 and considered whether it would be just and equitable to extend time. It accepted the claimant's evidence that she was significantly distressed, embarrassed, and struggling to put events into writing, and gave weight to the GP's evidence that she was significantly distressed in May and December 2017 and may have been clinically depressed throughout the intervening period. The tribunal also noted that documentary material such as text messages, photographs, and the respondent's investigation meant the cogency of the evidence would not be materially affected by the delay, and that the balance of prejudice favoured the claimant.

For the unfair dismissal complaint, the tribunal considered section 111 of the Employment Rights Act 1996 and concluded that, in light of the GP evidence, the claimant's difficulty writing the claim, and her embarrassment about recounting the events, it was not reasonably practicable for the complaint to be presented in time. It was satisfied that the claim had been brought within such further period as was reasonable. The tribunal therefore decided that both claims were not time-barred and could proceed to a final hearing.