Claimant v National Maritime Museum

The tribunal found all discrimination allegations were historic, covering March 2019 to March 2021, well outside the primary three-month time limit. The claimant provided no persuasive explanation for the delay and did not accept the claims were out of time. The tribunal refused to exercise its discretion to extend time on just and equitable grounds, finding greater prejudice to the respondent in defending significantly out of time claims.

This claim related to trade union duties. Like the discrimination claims, it was presented out of time with allegations dating from March 2019 to March 2021. The claimant was a trade union representative and should have been aware of time limits. The tribunal found no justification for extending time under the just and equitable test, noting the claimant provided no explanation for delay.

The claim for detriments for making protected disclosures was presented out of time with allegations from March 2019 to March 2021. The tribunal did not find it reasonably practicable for the claim to have been presented late, noting the claimant had contacted ACAS and gone through early conciliation prior to employment terminating, demonstrating capacity to take action. No medical evidence was provided to support claimed health impediments.

The claimant resigned on 17 February 2022 giving one month's notice, with employment terminating on 17 March 2022. She engaged in ACAS early conciliation from 25 November 2021 to 5 January 2022 (41 days) and presented her claim on 11 June 2022. The tribunal found this claim was presented within the primary time limit and therefore proceeds to full hearing.