Claimant v Welsh Ministers

Outcome

Facts

The claimant, an Asian British Bangladeshi civil servant employed by HMRC, was seconded to Welsh Ministers under a loan agreement from March 2021. The loan was intended to last until March 2023 but was terminated on four weeks' notice on 5 September 2022, with the claimant returning to HMRC on 11 November 2022. She raised a grievance on 8 November 2022 complaining about annual leave, ostracism by managers, and that another colleague (Mr Davis) had been given opportunities to remain with the respondent while she had not. Her grievance and appeal were rejected. She commenced ACAS early conciliation on 26 September 2023 and presented a claim for direct race discrimination on 30 October 2023.

Decision

The tribunal dismissed the claim as presented out of time. The alleged discriminatory acts occurred by November 2022 at the latest, making the normal time limit 9 February 2023. The claimant did not commence ACAS EC until September 2023, approximately seven months after the time limit expired. The tribunal found the claimant had not shown good reason for the delay. Despite mental health difficulties, she had been well enough to work continuously, prepare detailed grievance correspondence, and ultimately present proceedings. The tribunal refused to extend time on just and equitable grounds.

Practical note

Legal authorities cited