EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000525/2023 Held on March 2024 Employment Judge N M Hosie Mrs M Douglas v Halliburton Management Limited — 2024

Mrs M Douglas brought a claim under s.18 Equality Act 2010 alleging pregnancy and maternity discrimination by Halliburton Management Limited. At the preliminary hearing the tribunal heard evidence only on time bar. It found that the relevant act complained of was 26 April 2023, when Lisa Villon in HR confirmed that Ms Douglas would not have a trial period in the new role and would not be entitled to an enhanced redundancy payment. ACAS early conciliation was not started until 17 August 2023, which was outside the three-month time limit under s.123 Equality Act 2010.

The tribunal refused to extend time on a just and equitable basis. It applied the approach in Adedeji and took account of the length and reasons for delay, noting that Ms Douglas was articulate, had internet access, had consulted a solicitor, and had contacted ACAS only after the ordinary limitation period had expired. The tribunal did not accept her explanation that she had been relying on an alleged comment by Scott Greig on 26 May 2023, treating that allegation as a new claim not pleaded in the claim form and not part of the same factual basis as the pleaded case.

For completeness, the tribunal also considered prospects. Applying the burden of proof authorities it cited, including s.136 Equality Act 2010, Barton, Igen, Bahl, Nagarajan and Madarassy, it held that the claim form did not set out primary facts from which an inference of discrimination could properly be drawn. The pleaded case amounted to an allegation of unfavourable treatment while pregnant and on maternity leave, but not facts showing why that treatment was because of pregnancy or maternity. The tribunal therefore said that even if all pleaded facts were proved, the claim would still not establish a prima facie case, and it struck the claim out under Rule 37(1)(a).