Claimant v Royal Mail Group Limited
Outcome
Individual claims
Struck out for having no reasonable prospect of success due to time limit issues. Claims related to unsuccessful promotion applications from May 2015 to June 2019 (assumed last act 12 July 2019), presented October 2022 - more than 3 years out of time. Tribunal found no reasonable prospect of successfully arguing just and equitable extension given extreme delay, late realisation of potential discrimination, and severe prejudice to respondent through document destruction and witness memory loss.
Struck out for having no reasonable prospect of success due to time limit issues. Claims related to unsuccessful promotion applications from May 2015 to July 2021 (assumed last act 6 August 2021), presented October 2022 - more than 1 year out of time. Claimant had raised disability discrimination concerns in 2019 grievance, showing awareness. Tribunal found no reasonable prospect of successfully arguing just and equitable extension given substantial delay, internal grievance brought outside time limits, and considerable prejudice to respondent from document destruction under retention policy.
Withdrawn by claimant at preliminary hearing after confirming he had been paid the amount claimed prior to the hearing.
Facts
The claimant, an employee of Royal Mail who had worked in various temporary managerial roles, made multiple unsuccessful applications for permanent promotion between May 2015 and July 2021. He brought complaints of race discrimination (relating to applications from 2015-2019) and disability discrimination (relating to applications from 2015-2021). He raised disability discrimination concerns in an internal grievance in summer 2019, but did not bring tribunal proceedings. He says he only realised there may have been race discrimination after a 2022 management restructure in which all white employees were placed in managerial roles. He brought a further grievance in May 2022 and filed his tribunal claim in October 2022.
Decision
The tribunal struck out all discrimination claims on the basis they had no reasonable prospect of success due to time limit issues. The race discrimination claims were over 3 years out of time and disability discrimination claims over 1 year out of time. The tribunal found no reasonable prospect of successfully arguing for a just and equitable extension given the extreme delay, the claimant's awareness of potential discrimination (particularly regarding disability) well before filing, and severe prejudice to the respondent from document destruction under its retention policy and faded witness memories. The wages claim was dismissed on withdrawal.
Practical note
Extreme delay in bringing discrimination claims, particularly where respondent has destroyed documents in accordance with retention policies and witnesses cannot recall events, will result in strike out even where claimant argues late realisation of discrimination or following internal procedures.
Legal authorities cited
Statutes
Case details
- Case number
- 2408623/2022
- Decision date
- 24 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Various temporary managerial roles in delivery office
Claimant representation
- Represented
- No