Claimant v Crystal Care Solutions Ltd
Outcome
Individual claims
All allegations of harassment on grounds of religion or belief by third respondent Nathan Simpson related to incidents before 14 June 2023 (mince pies with alcohol, pork/dog comments, Dubai bomb comment, rainbow scarf). Tribunal found no reasonable prospect of claimant showing these were part of conduct extending over time or that it would be just and equitable to extend time given forensic prejudice to individual respondent, lack of medical evidence supporting health reasons for delay, and claimant being well enough to work and raise grievances during relevant period.
Allegations that Nathan Simpson touched claimant despite her religious objections to being touched by men all occurred before December 2022. Tribunal found claimant failed to explain connection between these incidents and later suspension allegation, and had no reasonable prospect of showing conduct extending over time or just and equitable extension given significant delay and prejudice to individual respondent who now faces serious allegations many months after alleged conduct.
Allegation that second respondent Rebecca Hilditch used offensive term 'Paki' in December 2022 is out of time, but tribunal found claimant had more than fanciful prospect of showing connection to later suspension and disciplinary process through alleged ongoing hostility after claimant raised concerns. Tribunal considered there may be connection between conduct related to claimant's Pakistani heritage and Muslim religion, and that issues require full evidence at final hearing to determine time limits and continuing conduct.
Claims relating to claimant's suspension in June 2023 and subsequent disciplinary process are in time under second claim. Claimant argues suspension and safeguarding concerns were discriminatory and connected to earlier harassment and her complaints about treatment. These claims proceed to final hearing.
Facts
Muslim claimant of Pakistani heritage worked as residential children's worker for care provider. She alleged harassment and discrimination by colleague Nathan Simpson (comments about alcohol, pork, dogs, Dubai, bomb jokes, touching) and manager Rebecca Hilditch (use of term 'Paki', hijab comments) between December 2022 and May 2023. Claimant was suspended in June 2023 after safeguarding concerns raised about her interactions with Muslim child WB, leading to LADO involvement and eventual dismissal. Claimant argued all treatment was connected through religious and racial hostility. She issued first claim in October 2023 after ACAS conciliation in September, meaning anything before 14 June 2023 was potentially out of time.
Decision
Tribunal struck out all discrimination claims against third respondent Nathan Simpson on basis claimant had no reasonable prospect of showing incidents were part of conduct extending over time or that just and equitable extension warranted, given forensic prejudice to individual, lack of connection between incidents and suspension, and inadequate explanation for delay. Claims against first and second respondents not struck out - tribunal found reasonable prospect of establishing connection between earlier harassment and later suspension/disciplinary process through alleged ongoing hostility, requiring full evidence at final hearing to determine time limits.
Practical note
When considering strike out applications on time limit grounds, tribunals will more readily strike out discrimination claims against individual non-managerial respondents where significant forensic prejudice exists, but will be cautious about striking out claims against employers and managers where claimant can articulate a potential narrative linking earlier harassment to later detriment, even if weakly pleaded by litigant in person.
Legal authorities cited
Statutes
Case details
- Case number
- 2410876/2023
- Decision date
- 16 August 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- residential children's worker
Claimant representation
- Represented
- No