Claimant v Secretary of State for Defence
Outcome
Individual claims
All direct race discrimination allegations were brought out of time. The tribunal did not extend time and accordingly these claims were dismissed without determination on the substantive merits.
Harassment on grounds of race was brought out of time. The tribunal did not extend time and the claim was dismissed. The tribunal also noted that on the merits, the alleged conduct was not related to race.
All victimisation allegations save for 5.2.11 were brought out of time and dismissed. Allegation 5.2.11 (concerning Martyn Williams' appeal decision on 19 April 2023) was in time but dismissed on the substantive merits. The tribunal found Mr Williams' conclusions were based on evidence and not influenced by the protected act or the claimant's race.
Detriment under section 44 ERA 1996 (health and safety) was brought out of time (events in October 2021, claim presented July 2023). The tribunal found it was reasonably practicable for the claimant to present the claim in time and did not extend time.
Detriment under section 47C ERA 1996 (family and domestic leave) was brought out of time. The tribunal found it was reasonably practicable for the claimant to present the claim in time and did not extend time.
Associative disability discrimination was brought out of time. The tribunal did not extend time and the claim was dismissed without determination on the substantive merits.
Facts
The claimant, a Black African civil servant at the Ministry of Defence, brought claims of race discrimination, victimisation, and detriments under the Employment Rights Act relating to performance management concerns raised by various managers between October 2021 and April 2023. The claimant received a double promotion to Senior Executive Officer in April 2020 but multiple managers subsequently raised concerns about his performance, communication style, attendance at meetings, and recording of working time. The claimant raised a formal grievance in January 2022 alleging discrimination and bullying. Internal investigations found in favour of the respondent's managers. The claimant withdrew claims against the individual respondents during the hearing.
Decision
The tribunal dismissed all claims. The vast majority of allegations were brought out of time (events mostly in 2021-2022, claim filed July 2023). The tribunal refused to extend time, finding no continuing act and that it was not just and equitable to do so for discrimination claims or reasonably practicable for ERA claims. The single in-time victimisation allegation (concerning an appeal decision in April 2023) was dismissed on the merits: the tribunal found the appeal manager's conclusions were based on evidence and not influenced by the protected act or the claimant's race.
Practical note
Claimants must present discrimination and ERA detriment claims within the statutory time limits; substantial delay (over a year in this case) without good reason will not be excused even where the claimant had prior tribunal experience and there were ongoing internal processes.
Legal authorities cited
Statutes
Case details
- Case number
- 2212599/2023
- Decision date
- 31 March 2025
- Hearing type
- full merits
- Hearing days
- 10
- Classification
- contested
Respondent
- Sector
- military
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Senior Executive Officer (Project Manager)
Claimant representation
- Represented
- No