Claimant v University of Exeter
Outcome
Individual claims
Claim dismissed as out of time. Primary time limit expired 8 August 2022, claim lodged September 2024. Tribunal found it not just and equitable to extend time. Claim also had no reasonable prospects: the less favourable treatment was not because of claimant's race but because of his immigration status. The link between race and treatment was too remote to establish direct discrimination under s13 EqA.
Claim dismissed as out of time. Primary time limit expired 8 August 2022, claim lodged September 2024. Tribunal found it not just and equitable to extend time. Claim also had no reasonable prospects: the respondent's policy of requiring proof of right to work visa was a proportionate means of achieving a legitimate aim (compliance with Immigration, Asylum and Nationality Act 2006 s15), and would be objectively justified.
Claim dismissed as out of time. Primary time limit expired 8 August 2022, claim lodged September 2024. Tribunal found it was reasonably practicable for the complaint to have been presented on time. Claimant could have taken advice at the time and researched time limits online. His reasons for delay (not accepting removal from course, focus on regaining course access) did not make it not reasonably practicable.
Facts
The claimant, a Nigerian national and lecturer, came to the UK to study for a PhD at the respondent university. He claimed he was offered a paid teaching position alongside his studies, which the respondent denies. The claimant registered in November 2021 but was placed on Temporary Visa Interruption in December 2021 for failing to provide evidence of valid immigration permission. On 9 May 2022, the respondent withdrew him from his programme. The claimant never did any paid work for the respondent. He brought claims of direct and indirect race discrimination and breach of contract over two years later in September 2024.
Decision
The tribunal dismissed all claims as out of time. The primary time limit expired on 8 August 2022. The tribunal found it was not just and equitable to extend time for the discrimination claims and it was reasonably practicable for the breach of contract claim to have been presented on time. The tribunal also found the discrimination claims had no reasonable prospects of success: the direct discrimination claim failed because the link between race and treatment was too remote, and the indirect discrimination claim would fail because the respondent's visa policy was objectively justified.
Practical note
A claimant's subjective belief that their employment relationship is ongoing does not prevent time running from the employer's clear decision to terminate - and a two-year delay in bringing claims will rarely be just and equitable, particularly where the claimant is educated and could have researched their rights.
Legal authorities cited
Statutes
Case details
- Case number
- 1401686/2024
- Decision date
- 20 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Postgraduate Teaching Associate (claimed)
Claimant representation
- Represented
- No