Mr AB v Department for Work and Pensions — 2024

The claimant brought claims of direct race and religion discrimination, victimisation, and protected disclosure detriment. He relied on an email of 29 September 2021, several alleged protected acts, and alleged detriments including allegations connected with terrorism, removal from an internal diversity and inclusion role in March 2022, harassment by colleagues, and comments contained in a witness statement used in an earlier tribunal claim.

The tribunal held that matters occurring before 5 November 2023 were not part of conduct extending over a period or a series of acts. It found that the claimant had not shown grounds for a just and equitable extension under the Equality Act 2010 or that it had not been reasonably practicable to present the Employment Rights Act 1996 claim in time. Those parts of the claims were therefore dismissed as outwith jurisdiction.

The tribunal held that some matters had already been judicially determined in the claimant's earlier claim, or should have been raised there, and were vexatious to pursue again. The allegation arising from JB's witness statement was treated differently for res judicata and time-limit purposes, but the tribunal concluded that judicial proceedings immunity applied to that witness-statement material. The remaining claims were struck out as vexatious under Rule 37.