Claimant v The Chancellor Masters and Scholars of the University of Oxford
Outcome
Individual claims
Preliminary hearing on time limits and merits. Tribunal refused strike out on merits for all perpetrators, finding more than little prospects of establishing treatment was because of race. Claims against earlier perpetrators (CD, RA, DH 2008-2017) subject to deposit orders on time limit grounds. Claims against later perpetrators (CG, TP, PC 2018-2021) found to have more than little prospects of being in time.
Preliminary hearing on time limits and merits. Tribunal refused strike out on merits despite initial comparator error (claimant's representatives had specified female comparator, later corrected to male). Tribunal found more than little prospects of establishing treatment was because of sex. Claims against earlier perpetrators (CD, RA, DH 2008-2017) subject to deposit orders on time limit grounds. Claims against later perpetrators (CG, TP, PC 2018-2021) found to have more than little prospects of being in time.
Preliminary hearing on time limits and merits. Respondent accepted claimant did protected act by submitting grievance on 9 May 2020. Tribunal refused all strike out and deposit order applications, finding more than little prospects of establishing claims were in time and that treatment was because of protected act. Claims against CG, TP and PC (2020-2021) permitted to proceed.
Claimant withdrew this claim as part of the amendment application process.
Claimant applied to amend to add claims under Part-Time Workers Regulations (regs 5 & 7). Tribunal refused amendment, finding claims were not merely relabelling of existing facts but new claims requiring causal link between part-time status and treatment, which was insufficiently particularised despite multiple opportunities. Time limits had expired and merits were low.
Facts
Dr Wilson, a part-time employee at Oxford University's REES department since at least 2008, brought claims of race and sex discrimination and victimisation spanning 2008-2021 against multiple managers. She was employed on Grade 6 pro rata salary (0.5 FTE) but alleged she was required to perform full-time Grade 8 duties. She submitted a formal grievance on 9 May 2020 which went through three stages concluding 25 March 2022. She presented her ET claim in April 2022 while unrepresented, then obtained legal representation. The respondent applied to strike out historic claims (2008-2017) as out of time, and later sought strike out/deposit orders for all discrimination claims on merits grounds. The claimant applied to amend to add Part-Time Workers Regulations claims.
Decision
Tribunal refused amendment to add Part-Time Workers claims as they were new claims lacking sufficient causation, not merely relabelling. Tribunal refused strike out on merits for all discrimination and victimisation claims, finding more than little prospects of success. However, tribunal made deposit orders for race/sex discrimination claims against three earlier perpetrators (DH, RA, CD from 2013-2017) on basis of little prospects of establishing they were in time as part of continuing conduct. Claims against later perpetrators (CG, TP, PC from 2018-2021) found to have more than little prospects of being in time.
Practical note
At preliminary hearings on strike out/deposit orders, tribunals must take the claimant's case at its highest and will rarely strike out discrimination claims on merits where causation requires assessment of subjective motivation and credibility — but may make deposit orders on time limit grounds where large temporal gaps exist between alleged discriminatory acts by different decision-makers, even where continuing conduct is argued.
Legal authorities cited
Statutes
Case details
- Case number
- 3305139/2022
- Decision date
- 9 July 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Not specified - language programme role within REES department
Claimant representation
- Represented
- Yes
- Rep type
- barrister