Ms Sehrish Ali v Shervin Soltani and 1 other — 2024

Ms Ali worked for Sheffield City Council as an agency worker supplied by Reed Specialist Recruitment Limited from 23 January 2023 to 30 April 2023. The Tribunal found that the last act complained of was 6 April 2023, but the claim form was not presented until 22 August 2023, about 6.5 weeks late. ACAS early conciliation began on 21 August 2023, but because that was more than three months after the last act, it did not extend time under section 140B of the Equality Act 2010.

The claimant said the delay was caused by her ectopic pregnancy operation and recovery, the effect on her mental health, the burden of caring for four young children, and waiting for the outcome of her grievance. The Tribunal accepted that she was genuinely ill and had suffered as a result of the ectopic pregnancy and the way she perceived she had been treated at work. It also accepted that she had been certified unfit for work for periods, but found that the medical evidence did not show she was unable to take legal steps, and that she was in fact able to write a detailed complaint, take part in a grievance process, attend a Teams meeting, and research discrimination online.

The Tribunal found that the claimant knew of the possibility of discrimination by 6 April 2023, when she complained to Reed that what was happening to her was discrimination. It found that the explanation based on caring responsibilities did not account for the delay because there was no evidence that those responsibilities had become more onerous, and she had previously worked full time while caring for her children. It also found that waiting for the grievance outcome was not a credible explanation, because she had the initial grievance outcome on 19 May 2023 and still waited until 22 August 2023 to present the claim.

Applying the just and equitable discretion, the Tribunal considered the length of the delay, the likely impact on the cogency of evidence, the prejudice to the respondents, and the fact that the claimant already knew of the facts and her potential claim within time. It concluded that it would not be just and equitable to extend time. The claim was therefore out of time and the Tribunal held that it had no jurisdiction to hear it. No other issues were determined.