Mr P Mason v GB Land Engineering Limited — 2024

At a preliminary hearing on limitation, Mr P Mason brought complaints of direct religious discrimination, indirect religious discrimination and victimisation against GB Land Engineering Limited. The tribunal did not reach the merits. It held that, even if the alleged conduct was treated as one continuing act, the last relevant act was 15 December 2023 and the three-month time limit expired on 14 March 2024, so the claim presented on 3 June 2024 was 82 days late.

The tribunal then considered whether time should be extended on a just and equitable basis under s.123 EqA 2010. It accepted that Mr Mason had experienced pain and periods of low mood during the relevant period, but found no medical evidence that those matters prevented him from bringing a claim. It noted that he did not consult his GP about mental health, was only prescribed pain medication for a short period, and was nevertheless able to engage with Citizens Advice, Acas and the universal credit system during the same period.

The tribunal also rejected ignorance of time limits as a reasonable explanation for the delay. It found that Mr Mason knew of Acas, had contact with Citizens Advice, accessed the Acas website and could have made enquiries about the time limit. Taking the length and reasons for delay, the claimant's earlier suspicion that he had a claim, and prejudice to the respondent into account, the tribunal held that there was no satisfactory basis to extend time and therefore no jurisdiction to consider the EqA complaints.