Mr David Odigie v Renfrewshire Council — 2020

The claimant brought a complaint of alleged direct race discrimination arising from the respondent's decision not to appoint him to the post of Waste Operations Team Leader. The tribunal found the claim was presented late, after ACAS early conciliation had concluded, and considered whether it was just and equitable to extend time and whether the claim should be struck out as having no reasonable prospects of success.

The tribunal accepted evidence from the claimant and his wife about the claimant's mental health, family responsibilities, attempts to obtain representation, and difficulty preparing the claim. Although the medical evidence was limited, the tribunal found that the claimant's mental health state over the relevant period prevented him from lodging the ET1 earlier than he did, and that his circumstances gave a sufficient reason to grant an extension of time.

The tribunal was not satisfied that the respondent had shown actual forensic prejudice from the delay. It noted that the respondent had been aware of the allegation from the claimant's email of 23 May 2019 and that relevant interview documentation appeared to exist. The tribunal also rejected the submission that prejudice to the claimant would be minimal if the claim did not proceed, because strike-out would bring the claim to an end.

The tribunal held that the merits of the discrimination complaint involved disputed facts about the recruitment and selection process, interview, feedback, and reasons for non-appointment. It therefore refused the strike-out application and ordered the case to be listed for a final hearing before a full tribunal, including remedy if appropriate.