Automated Summary
Key Facts
Mr. Matthew Coverley applied to the RAF in 2020 and 2022 but was rejected. He alleged race discrimination under the Equality Act 2010. The 2020 complaint was ~2.5-3 years out of time, and the 2022 complaint ~9 months out. The Tribunal accepted the Claimant's evidence that he remained unaware of the RAF's discriminatory recruitment policy until June 2023 when a friend informed him. The Tribunal found it just and equitable to extend time for both claims, allowing them to proceed to a full hearing.
Issues
The tribunal considered whether it was just and equitable to extend time for the Claimant's race discrimination complaints relating to his 2020 and 2022 RAF application rejections, which were brought approximately 2½-3 years and 9 months out of time respectively. The Claimant argued he was unaware of the alleged discriminatory policy until June 2023 when a friend alerted him to media reports following the RAF's internal investigation. The Respondent contested this, asserting the Claimant should have known about the policy through prior media coverage in August 2022 and February 2023. The tribunal concluded it was just and equitable to extend time for both complaints, allowing them to proceed to a full hearing.
Holdings
- The Tribunal accepted the Claimant's evidence that he was unaware of the RAF's discriminatory policy until June 2023, despite earlier media coverage in 2022 and 2023. This was due to his intense training at the time and the speculative nature of prior reports.
- The Tribunal determined that it is just and equitable to extend time for the Claimant's 2020 and 2022 race discrimination complaints, allowing them to proceed to a full hearing. This decision was based on the Claimant's lack of awareness of the discriminatory policy until June 2023 and his prompt action thereafter.
- The Tribunal rejected the Respondent's argument that the Claimant should have known about the policy earlier, emphasizing the lack of clear evidence and the reasonable steps taken by the Claimant after becoming aware of the policy.
Remedies
The tribunal found it is just and equitable to extend time in respect of the Claimant's complaints of race discrimination relating to his applications for employment in both 2020 and 2022, allowing them to proceed to a full hearing.
Legal Principles
The tribunal applied the discretion under section 123(1)(b) of the Equality Act 2010 to extend time for claims brought outside the standard 3-month period. The judge emphasized that the claimant must convince the tribunal it is 'just and equitable' to extend time, referencing the Court of Appeal's guidance in Robertson v Bexley Community Centre. Key factors included the claimant's lack of awareness of the discriminatory policy until June 2023 and the preservation of relevant documentary evidence.
Precedent Name
Robertson v Bexley Community Centre t/a Leisure Link
Cited Statute
Equality Act 2010
Judge Name
S Moore
Passage Text
- It is just and equitable to extend time in respect of the complaints of race discrimination relating the Claimant's applications for employment in both 2020 and in 2022, which will now proceed to a full hearing.
- I accept that evidence. I found the Claimant an honest and compelling witness. It is very easy to miss news reports that are not main headline news and/or are short-lived in duration.
- I therefore accept the Claimant didn't know until on or about 29 June 2023 that the RAF had applied the policy in question or that he had reason to suspect it might have done.