Cases2501246/2024

Claimant v TATA Consumer Products GB Limited

5 February 2025Before Employment Judge SweeneyNewcastleremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(race)struck out

Claim dismissed on jurisdictional grounds as it was not brought within the statutory time limit of 3 months and the tribunal did not find it just and equitable to extend time.

Direct Discrimination(religion)struck out

Claim dismissed on jurisdictional grounds as it was not brought within the statutory time limit of 3 months and the tribunal did not find it just and equitable to extend time.

Harassment(race)struck out

Claim dismissed on jurisdictional grounds as it was not brought within the statutory time limit of 3 months and the tribunal did not find it just and equitable to extend time.

Harassment(religion)struck out

Claim dismissed on jurisdictional grounds as it was not brought within the statutory time limit of 3 months and the tribunal did not find it just and equitable to extend time.

Facts

Miss Sharif brought claims of race and religion discrimination and harassment against her former employer TATA Consumer Products GB Limited. The respondent argued the claims were out of time. This was a preliminary hearing to determine the time limit issue.

Decision

Employment Judge Sweeney dismissed all claims on jurisdictional grounds, finding they were not brought within the statutory 3-month time limit and it was not just and equitable to extend time. The claimant appeared unrepresented while the respondent was represented by counsel.

Practical note

Even meritorious discrimination claims will fail if brought outside the strict 3-month time limit and the claimant cannot persuade the tribunal it is just and equitable to extend time, particularly when unrepresented.

Legal authorities cited

Statutes

EqA 2010

Case details

Case number
2501246/2024
Decision date
5 February 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
manufacturing
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No