Claimant v Liverpool Football Club and Athletic Grounds Limited
Outcome
Individual claims
This was a preliminary hearing on the respondent's application to strike out the claim on time limit grounds. The tribunal refused the strike-out application, concluding there is at least a reasonable prospect the tribunal will find it just and equitable to consider the claim out of time. The time limit issue will be determined at the final hearing along with the merits.
Facts
The claimant applied for the role of First Team Operations Officer with Liverpool Football Club and was rejected on 17 January 2023. He claims he did not become aware of possible race discrimination until 5 May 2023 when he learned a white woman had been appointed temporarily, and 1 June 2023 when he learned a white man had been appointed permanently. He started early conciliation on 8 June 2023 and presented his claim on 18 July 2023, well outside the primary time limit which ended on 16 April 2023.
Decision
The tribunal refused the respondent's application to strike out the claim on time limit grounds. The tribunal concluded there is at least a reasonable prospect that it would be just and equitable to extend time, given the relatively short delay, the documented recruitment process meaning limited prejudice to the respondent, and the claimant's explanation for the delay. The time limit issue will be determined at the final hearing.
Practical note
A relatively short delay beyond the time limit in race discrimination recruitment cases may have reasonable prospects of a just and equitable extension where the claimant provides an explanation for late discovery of facts supporting discrimination and prejudice to the respondent is limited due to documented processes.
Legal authorities cited
Statutes
Case details
- Case number
- 2407526/2023
- Decision date
- 29 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- First Team Operations Officer
Claimant representation
- Represented
- Yes
- Rep type
- solicitor