C v Represented by: Herself R 1, R 2, R 3, R 4, R and R — 2021

This preliminary hearing concerned limitation objections to fresh claims brought against R4, R5 and R6 after the claimant had earlier sought, unsuccessfully, to add them to the proceedings against the LLP employer. The claimant, who is a solicitor with previous Employment Tribunal experience, had already raised discrimination complaints against the employer and then issued separate claims against the individuals in April and May 2021. The Tribunal did not decide whether the alleged discriminatory acts occurred; it confined itself to time limit and just and equitable issues.

Applying section 123 of the Equality Act 2010, the Tribunal held that each complaint against each respondent had to be considered separately. It rejected the claimant's argument that time could be extended by relying on later conduct of the employer or other respondents. For R4, the relevant act was the review and recommendation on 10 December 2020; for R5, the last act relied upon was no later than 10 December 2020; and for R6, the alleged act was in February 2020. On that basis, the claims were out of time on the primary three-month test.

The Tribunal then extended time for all three sets of claims on the just and equitable basis. It accepted that the claimant had sufficient information to frame her claims from the dismissal letter and later pleadings, and it found no sufficient evidence that the documents received in March 2021 concealed key facts or that depression and anxiety prevented her from bringing the claims sooner. Even so, it found the delay was short in relation to R4 and R5, that a fair hearing remained possible, that the claimant had a stateable legal argument about limitation, and that the public interest in discrimination claims and personal accountability outweighed the prejudice to the respondents. The claims against R4, R5 and R6 were therefore allowed to proceed, and a possible res judicata issue was noted but not decided.