Claimant v HM Revenue & Customs
Outcome
Individual claims
Claim relating to Lisa Guppy allegedly saying 'why can't I say the N word, you hate all white people for what our ancestors did' in late 2019 was presented over 4.5 years out of time. Not part of conduct extending over a period given different perpetrators, different office location, and 4-year gap to next race claim in May 2024. Not just and equitable to extend time: substantial delay, claimant declined to pursue matter in 2022 grievance, witnesses no longer employed by respondent, and claimant able to raise grievances during period but chose not to pursue tribunal claim.
Claim relating to David Kershaw shouting at claimant and throwing his pass down on 18 December 2019 was presented over 4.5 years out of time. Not part of conduct extending over a period given different perpetrators, different office, and 4-year gap to next race claim in May 2024. Not just and equitable to extend time: claimant made initial complaint in January 2020 but did not pursue it; raised matter again in October 2022 grievance but expressly agreed to exclude it from investigation; substantial delay not adequately explained by health issues as claimant able to work and raise grievances; witnesses no longer employed and prejudice to respondent in defending stale claims.
Claim regarding Michelle McLaughlin's alleged comment in May 2024 about helping people with leave for Eid. This claim was in time and will proceed to final hearing. Tribunal noted it may actually be a religious discrimination claim rather than race discrimination as people of many races celebrate Eid.
The claimant brought disability discrimination claims which were not the subject of this preliminary hearing and will proceed to final hearing. Claimant has disabilities including dyslexia and anxiety.
Unfair dismissal claim brought but was not the subject of this preliminary hearing and will proceed to final hearing.
Facts
Claimant commenced employment with HMRC in February 2019, working in Leeds. She complained of two race discrimination incidents in 2019: Lisa Guppy allegedly making a racially offensive comment about the 'N word' in late 2019, and David Kershaw shouting at her and throwing his pass down on 18 December 2019. She made an initial complaint in January 2020 but was allegedly discouraged from pursuing it. She moved to Manchester office in December 2020. In October 2022 she raised a formal grievance which included these matters, but expressly agreed they should not be investigated. She commenced ACAS early conciliation in May 2024 and presented her claim in August 2024, over 4.5 years after the incidents.
Decision
The tribunal struck out the two race discrimination claims from 2019 as they were presented massively out of time (over 4.5 years late), were not part of conduct extending over a period of time, and it was not just and equitable to extend time. The substantial delay was not adequately explained by health issues, the claimant had declined to pursue the matters in her 2022 grievance, and there was prejudice to the respondent as the relevant witnesses no longer worked for HMRC.
Practical note
Even where discrimination claims may have merit, tribunals will strike out massively out-of-time claims where the claimant had multiple opportunities to raise them earlier, expressly declined to pursue them through internal processes, and there is significant prejudice to the respondent from stale allegations against witnesses no longer employed.
Legal authorities cited
Statutes
Case details
- Case number
- 6009115/2024
- Decision date
- 30 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No