Cases2410876/2023

Claimant v Crystal Care Solutions Ltd

16 August 2024Before Employment Judge CooksonManchesterremote video

Outcome

Other

Individual claims

Harassment(religion)struck out

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.

Harassment(sex)struck out

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.

Direct Discrimination(race)not determined

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.

Direct Discrimination(religion)not determined

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

Keeble v British Coal Corporation [1997] IRLR 336Barclays Bank plc v Kapur [1991] ICR 208Lyfar v Brighton and Sussex University Hospitals Trust [2006] EWCA Civ 1548Worcestershire Health and Care NHS Trust v Allen [2024] EAT 40Abertawe Bro Morgannwg University Local Health v Morgan [2018] EWCA CIV 640Concentrix CVG Intelligent Contact Ltd v Obi [2023] ICR 1Kumari v Greater Manchester Mental Health NHS Foundation Trust [2022] EAT 132E v X, L & Z UKEAT/0079/20/RNCaterham School Limited v Rose [2019] UKEAT/0149/19Adedeji v University Hospitals Birmingham NHS Foundation Trust [2021] EWCA Civ 23Robertson v Bexley Community Centre [2003] IRLR 434Commissioner of Police of the Metropolis v Hendricks [2003] ICR 530Aziz v FDA [2010] EWCA Civ 304

Statutes

Equality Act 2010 s.123Employment Tribunal Rules rule 37Employment Tribunal Rules rule 37(1)(a)Equality Act 2010 s.123(3)

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