Claimant v Barclays Bank UK PLC

Outcome

Facts

The claimant was seconded to an Operational Manager role for approximately 18 months before commencing maternity leave in January 2021. During her maternity leave, a male colleague was seconded into the role. Following a 2022 restructure, the respondent decided that employees seconded for more than 12 months as at 1 April 2022 would be pooled in their seconded roles. This resulted in the male colleague being permanently appointed to the Operational Manager role, while the claimant was not given the opportunity to apply. The claimant was informed of this decision on 9 March 2022 and raised a grievance on 10 March 2022 alleging sex and maternity discrimination. The respondent took 16 months to conclude the grievance and appeal process (outcome provided 18 July 2023). The claimant commenced ACAS early conciliation within two days and presented her claim on 26 September 2023, approximately 13 months out of time.

Decision

The tribunal found that the claims were presented out of time but decided to extend time on just and equitable grounds. The judge concluded that the claimant's ignorance of time limits was reasonable given she pursued the respondent's grievance procedure in good faith based on information from gov.uk and ACAS. The respondent's unreasonable 16-month delay in resolving the grievance contributed significantly to the claim being out of time. Once informed of time limits, the claimant acted promptly. The prejudice to the claimant of losing her claims outweighed the prejudice to the respondent of defending an out-of-time claim. The claims will proceed to full hearing.

Practical note

Legal authorities cited