ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000095/2024 & 8000096/2024 Preliminary Hearing by Cloud Video Platform at Edinburgh on August 2024 Employment Judge: M A Macleod Oluwafunto Dada v The Scottish Ministers — 2024

The claimant brought two claims complaining of race discrimination. The tribunal found that the latest incident pleaded in the original ET1s took place in May 2023, while ACAS early conciliation was not started until 22 January 2024 and the claims were presented on 1 and 2 February 2024. The tribunal held that the claims were presented significantly outside the statutory time limit.

The claimant relied on advice said to have been given by a trade union representative, her belief that she should await completion of the internal grievance process, and stress and anxiety as explanations for the delay. The tribunal found the evidence about the trade union advice unclear, held that waiting for the grievance outcome did not alter the tribunal deadline, and found the medical evidence insufficient to show that the claimant was unable to present the claims earlier.

Applying the just and equitable discretion, the tribunal considered the length and reason for delay, the effect on evidence, requests for information, promptness, advice, and prejudice. It concluded that it was not just and equitable to extend time and dismissed the claims for want of jurisdiction. The tribunal also refused the claimant's application to amend, finding that it sought to introduce a new harassment claim and new facts more than a year after the alleged event, and that allowing the amendment would not be in the interests of justice.