Claimant v Welsh Ambulance Services NHS Trust
Outcome
Individual claims
The tribunal found the complaints were out of time (alleged acts occurred August 2021 and July 2022, no complaint until November 2022, no ACAS notification until May 2023). There was insufficient nexus between the 2021 and 2022 acts to constitute a continuing act given the 11-month gap and different nature of conduct. The claimant's reasons for delay (waiting for internal process, ACAS advice) were not accepted. The tribunal concluded it was not just and equitable to extend time given the antiquity of the allegations, lack of prompt action, and prejudice to the respondent.
The tribunal dismissed the harassment claim on the same jurisdictional grounds as the direct discrimination claim. The alleged acts of sexual harassment by a colleague (comments about personal appearance, inappropriate suggestions, text messages) occurred in August 2021 and July 2022, but the claimant did not submit her grievance until November 2022 and did not notify ACAS until May 2023. The tribunal found no continuing act, unreasonable delay in pursuing the complaint, and that it would be unjust and inequitable to extend time given the serious prejudice to the respondent in defending such historic allegations.
This claim was not determined at this preliminary hearing which dealt only with time limits for sex discrimination and harassment claims. The unfair dismissal claim remains to be heard at a later date.
This claim was not determined at this preliminary hearing. The tribunal had previously established that long COVID-19 and depression were disabilities, with adjudication on left arm and lower back pain to be determined at final hearing.
This claim was not determined at this preliminary hearing. It remains to be heard at final hearing along with the other disability discrimination claims.
This claim was not determined at this preliminary hearing. It remains to be heard at final hearing along with the other disability discrimination claims.
This claim was not determined at this preliminary hearing. It remains to be heard at final hearing.
Facts
The claimant worked as an ambulance care assistant from 2007 to 2023. She alleged sexual harassment and sex discrimination by a colleague (DB) in August 2021 and July 2022, including inappropriate comments about her appearance, suggestions to sit on his lap, and sexually suggestive text messages. She did not submit a grievance until 29 November 2022, and sought informal resolution which concluded on 9 February 2023. She did not notify ACAS until 5 May 2023 after being dismissed on 26 April 2023. The claimant claimed she was advised by ACAS to exhaust internal procedures first, though she was aware of the three-month time limit.
Decision
The tribunal dismissed the sex discrimination and harassment claims for want of jurisdiction, finding them out of time. The judge concluded there was insufficient nexus between the August 2021 and July 2022 incidents to constitute a continuing act given the 11-month gap and different nature of the conduct. The claimant's delay in submitting her grievance (November 2022) and notifying ACAS (May 2023) was unreasonable. The tribunal did not accept she intended to pursue tribunal proceedings after the February 2023 informal resolution meeting. It was not just and equitable to extend time given the antiquity of allegations and prejudice to the respondent.
Practical note
A gap of 11 months between alleged discriminatory acts, combined with differences in the nature of the conduct, will not constitute a continuing act for time limit purposes, and delay in pursuing internal processes while aware of tribunal time limits will not satisfy the just and equitable test for extension.
Legal authorities cited
Statutes
Case details
- Case number
- 1601105/2023
- Decision date
- 18 August 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- —
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Ambulance Care Assistant
- Service
- 16 years
Claimant representation
- Represented
- No