South Western Ambulance Service NHS Foundation Trust v King: EAT 31 Oct 2019

Extension of Time
The Claimant lodged a grievance against her managers complaining of, amongst other matters, acts of discrimination. Her grievance was the subject of a report produced by an external consultant. The report dismissed the grievance. The Claimant’s appeal was rejected. Dissatisfied with the grievance outcome and the Trust’s failure to take action against one manager in particular, she resigned, claiming she was constructively dismissed. Her effective date of termination was 5 October 2017. On 11 December 2017, the Claimant issued proceedings claiming unfair constructive dismissal and victimisation because of doing a protected act, namely lodging a grievance. The Claimant relied upon a series of detriments said to be acts of victimisation. These commenced with the report and included the dismissal of her grievance and grievance appeal. Only the rejection of her grievance appeal fell within the three-month period (plus the conciliation period) prior to the date of issuing her claim. The Tribunal rejected the claim of unfair constructive dismissal. In relation to victimisation, it found that the report itself did amount to a detriment. However, none of the other matters relied upon, including the rejection of her appeal against the grievance decision, were found to amount to a detriment. The Tribunal concluded, however, that there was a course of conduct commencing with the report and which continued to the rejection of the Claimant’s appeal. On that basis, the Claimant’s claim was held to be in time. The Respondent appealed.
Held , allowing the appeal, that the Tribunal had erred in concluding that there was conduct extending over a period within the meaning of s.123 of the Equality Act 2010 , in circumstances where several of the acts said to be part of that course of conduct were not upheld as acts of victimisation. The EAT would substitute a decision that there was no conduct extending over a period. The case would be remitted to the Tribunal for it to determine whether time should be extended on just and equitable grounds.

Citations:

[2019] UKEAT 0056 – 19 – 3110

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 14 October 2022; Ref: scu.646857