Claimant v Coquet Trust
Outcome
Individual claims
Struck out under Rule 38(1)(a) because there was no reasonable prospect of successfully claiming that the alleged acts of sexual orientation discrimination formed part of unlawful conduct extending over a period that ended on or after 13 December 2023 or that it would be just and equitable to extend time for bringing the claims. The claim was out of time.
Struck out under Rule 38(1)(a) because there was no reasonable prospect of successfully claiming that the alleged acts of sexual orientation harassment formed part of unlawful conduct extending over a period that ended on or after 13 December 2023 or that it would be just and equitable to extend time for bringing the claims. The claim was out of time.
Facts
Mr Elliot brought claims of direct sexual orientation discrimination and sexual orientation harassment against Coquet Trust. The alleged acts occurred before 13 December 2023. The claimant appeared in person at a preliminary hearing to determine whether the claims should be struck out on the basis that they were out of time.
Decision
The tribunal struck out both claims under Rule 38(1)(a) on the basis that there was no reasonable prospect of the claimant successfully arguing that the alleged discriminatory acts formed part of conduct extending over a period ending on or after 13 December 2023, or that it would be just and equitable to extend time for bringing the claims.
Practical note
Unrepresented claimants face significant difficulties in establishing continuing conduct or just and equitable extensions when discrimination claims are brought out of time, particularly when the alleged acts clearly pre-date the limitation period.
Legal authorities cited
Statutes
Case details
- Case number
- 2500888/2024
- Decision date
- 1 April 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Coquet Trust
- Sector
- charity
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No