Mrs Mitford-Baberton v Heriot-Watt University — 2023

The claimant, Mrs Mitford-Baberton, brought a claim on 4 January 2023 alleging discrimination on the grounds of pregnancy or maternity, including an alleged failure to conduct a risk assessment and treatment by Professor Malins between August and October 2021. The Tribunal found that the last possible act complained of was in October 2021 and that the claim was therefore significantly out of time under section 123(1) of the Equality Act 2010.

The Tribunal considered whether it would be just and equitable to extend time under section 123(1)(b), having regard to the delay in presenting the claim and the balance of prejudice between the parties. It referred to Bexley Community Centre v Robertson, British Coal Corporation v Keeble and Kumari v Greater Manchester Mental Health NHS Foundation Trust. The Tribunal accepted that the claimant had been under stress and had undergone counselling, but noted that she did not raise a formal grievance until April 2022, that the grievance outcome was not communicated until 16 August 2022, and that proceedings were then not raised for almost another five months. It also noted the absence of medical records or reports supporting the delay.

Balancing prejudice, the Tribunal concluded, with some hesitation, that it would not be just and equitable to extend the time limit. It therefore held that it did not have jurisdiction to determine the discrimination claim.

The Tribunal then considered the claimant’s application to amend her claim to add a section 39 Equality Act claim based on resignation amounting to dismissal. Applying Selkent Bus Company v Moore, it held that this was a new cause of action not foreshadowed in the original claim form, made around seven months after the resignation and 19 months after the resignation issue was first raised in the agenda form, and refused the amendment.