Claimant v Synnovis Analytics LLP
Outcome
Individual claims
Claim relates to working hours adjustments. Respondent argued PCP not applied after 10 June 2021 and claim was 2.5 years out of time. Tribunal found claimant raised a prima facie case of continuing act and reasonably arguable basis for just and equitable extension. Strike-out application dismissed; claim proceeds to final hearing.
Further adjustment claim added by amendment relating to PCP. Respondent argued almost 3 years out of time. Tribunal found reasonably arguable basis for continuing act and just and equitable extension. Strike-out application dismissed; claim proceeds.
Claim relating to physical features of workplace. Respondent argued same time bar as other adjustments claims. Tribunal applied same reasoning as other adjustments claims. Strike-out application dismissed; claim proceeds.
Alleged racially discriminatory remarks from Ms Shah on 24 January 2022. Respondent argued one year two months out of time. Tribunal found reasonably arguable basis for continuing act connecting discrimination claims and just and equitable extension. Strike-out application dismissed.
Claim relates to grievance outcome of 25 April 2022 alleged to be disability-related harassment. Respondent argued one and a half years out of time. Tribunal found reasonably arguable basis for extension. Strike-out application dismissed.
Claim relates to grievance outcome of 25 April 2022. Respondent argued one and a half years out of time. Tribunal found reasonably arguable basis for just and equitable extension. Strike-out application dismissed.
Claim relates to grievance outcome of 25 April 2022, with protected act being the grievance itself. Respondent argued time bar. Tribunal found reasonably arguable extension basis. Strike-out application dismissed.
Return to work meeting of 23 September 2023 reframed as claim. Respondent accepted this claim was in time. Proceeds to final hearing.
Facts
The claimant, who has autism spectrum disorder and other mental health conditions, brought claims of race and disability discrimination against her former employer. She raised an informal grievance in November 2020 and formal grievance in March 2021, which took over 8 months to investigate. She resigned in April 2022 after an 18-month grievance process. She did not contact ACAS until September 2023 and filed her claim in November 2023. The respondent applied to strike out the claims as significantly out of time (between 1 and 2.5 years late). The claimant argued there was a continuing discriminatory state of affairs, particularly around failure to make reasonable adjustments, and that her mental health and pursuit of internal processes justified extending time.
Decision
Employment Judge Heath dismissed the strike-out application, finding that the claimant had established a reasonably arguable basis that there was a continuing act of discrimination, particularly around the failure to make adjustments which she said were continuously withheld with ongoing dialogue. The judge also found it reasonably arguable that it would be just and equitable to extend time given the claimant's mental health issues and her exhaustion of internal grievance processes. All claims will proceed to a final hearing.
Practical note
At the preliminary hearing stage for strike-out on time grounds, the tribunal applies a low threshold: whether the claimant has a reasonably arguable basis for continuing act or just and equitable extension, not whether they will ultimately succeed on those arguments at final hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 2306450/2023
- Decision date
- 12 January 2026
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No