Not just and equitable to extend time in discrimination claim

In Ahmed v Capital Arches, Mr Ahmed brought discrimination claims in the employment tribunal relating to conduct which had allegedly occurred almost four years previously. The allegations related to unwanted comments about Mr Ahmed not sharing Muslim practices with colleagues during Ramadan, his complaint to his manager about those comments, and the fact that he was subsequently placed on cleaning duties. All of these events had occurred prior to October 2018, although he continued to work on cleaning duties until he went off sick in June 2021.The Employment Appeal Tribunal held that the tribunal had been correct to dismiss Mr Ahmed’s claims as being out of time, confirming:

1. In terms of the primary time limit:

• Claims for discrimination should be brought within three months of the act occurring;

• Conduct extending over a period is treated as done at the end of that period;

• Moving Mr Ahmed to cleaning duties was not conduct extending over a period. It was a one-off act which, after it had occurred, had continuing consequences. Time ran from the date he was moved to cleaning duties.

  
  

2. In terms of the discretion to extend time if it is just and equitable to do so:

• There would be significant prejudice to the employer if the claim were allowed to proceed with such a delay, as memories fade over time.

• The fact that a refusal to extend time meant that Mr Ahmed had no claim at all could not, by itself, be a valid reason to grant an extension.