Claimant v Royal Borough of Kensington and Chelsea

All claims of direct race discrimination were found to be substantially out of time (predating July 2023) with no continuing course of conduct. The tribunal declined to extend time and found several claims had no reasonable prospect of success, including allegations that being described as 'angry' was a racial stereotype, as these lacked particularisation of how treatment related to race.

Save for a meeting on 5 July 2023, all harassment claims were out of time. Even the in-time claim was struck out as having no reasonable prospect of success because the claimant failed to particularise how the alleged unwanted conduct related to race, and one allegation involved a black manager allegedly harassing a black employee, undermining the causative link to race.

All age discrimination claims were out of time (some dating to 2020 and May 2021) with no adequate explanation for delay. One claim relating to a meeting on 5 July 2023 was struck out as having no reasonable prospect of success because it relied on dual protected characteristics ('older women'), which is not permitted under the Equality Act 2010.

Claims predating July 2023 were out of time. The in-time claim relating to a 5 July 2023 meeting alleged that the respondent disregarded the claimant's breast clinic investigation, but the tribunal found this could not possibly constitute direct sex discrimination (though might have been arguable as indirect discrimination). The claim had no reasonable prospect of success.

The claimant alleged the respondent applied a PCP (generic application of sickness absence policy to medical conditions disproportionately affecting women) but all specific allegations were from 2021 and substantially out of time. The tribunal declined to extend time and also found it unclear whether the allegations related to the pleaded PCP, questioning whether the claim would have a reasonable prospect of success.

The tribunal allowed claims related to the sickness absence management process commencing 6 December 2021 onwards as part of a continuing course of conduct, but only for PTSD and related mental health conditions (the pleaded disability). Claims predating 6 December 2021 or relating to unpleaded conditions (dyslexia, menopause, hearing impairment, clavicle injury, arthritis) were struck out as out of time or requiring amendment.

The tribunal allowed claims forming part of the continuing course of conduct relating to the sickness absence process from 6 December 2021 onwards, but only for PTSD and related mental health conditions. Claims relating to unpleaded disabilities (clavicle injury, hearing issues, menopause) or predating the sickness absence process were struck out as out of time or having no reasonable prospect of success.

Claims relating to the sickness absence meetings from February 2022 onwards and forming part of the continuing process culminating in dismissal were allowed to proceed, but only for PTSD and related mental health conditions. Earlier claims (e.g., Covid hub deployment in April 2020) were out of time. Claims relating to physical conditions or unpleaded disabilities were struck out.

The tribunal allowed claims from the sickness absence process onwards (on or after 6 December 2021) relating to PTSD and mental health issues to proceed as part of a continuing course of conduct. Earlier claims and those relating to unpleaded disabilities (clavicle injury, hearing/audibility issues) were struck out as out of time or not pleaded.

All disability-related harassment claims were struck out as either out of time or having no reasonable prospect of success. The tribunal applied Richmond Pharmacology v Dhaliwal, noting that one-off, minor or trivial matters should not be regarded as harassment. Examples like completing an occupational health referral without discussion did not meet the threshold for harassment.

The tribunal confirmed that the unfair dismissal claim proceeds to a full merits hearing. No determination was made at this preliminary stage, which dealt only with strike-out and time limit issues.