Mr. W. Cummings v Fresh Property Group Ltd — 2024

The tribunal dismissed the claimant's application for Employment Judge Smail to recuse himself, holding that an informed observer would not conclude there was actual or apparent bias. It also dismissed the claimant's multiple applications to amend after he left the hearing following the recusal ruling.

On the discrimination issues, the reasons record that the disability discrimination claims fell away because the tribunal had already found that the claimant was not a disabled person at any relevant time. The remaining sex discrimination complaints concerned events in August 2020 during the general manager recruitment process, including the interview, the failure to give further opportunity to explain concerns, the lack of serious consideration of his answers, the absence of a second interview, and the failure to offer the role.

Those sex discrimination complaints were presented on 2 May 2023 and were outside the primary three-month limitation period under section 123 Equality Act 2010. The tribunal considered whether it would be just and equitable to extend time, but it rejected that application after noting the claimant had raised related concerns internally over a long period, had identified what he described as a comparator in September or October 2021, and that the respondent would face evidential prejudice because the relevant decision-makers had left and documents could not be found.

The judgment records that the sex discrimination claims were dismissed as out of time. It also states that the unfair dismissal claim remained live and would proceed to a final hearing under separate case management orders.