Q: I have suffered harassment for more than two years and now racism. I raised my issues with my managers. No action was taken. A UNISON solicitor is saying that there is evidence of bullying and racism but it is outside the employment time. Is there any way I can pursue this matter?
Sep 21 2007
Answered by: Marc Barber Ask a question
There could be several separate claims here, some or all may be out of time. However, it would be worth taking independent advice from a solicitor who can guide you as to whether any of your claims are still live.
Ideally, workers suffering from the type of abuse you describe should draw the issues to their managers’ attention as you say you did. If this approach doesn’t result in a positive solution to the problem, then you are advised to use a questionnaire as provided by the Commission for Racial Equality. This clearly states your complaint and requires the employer to explain their responses to your complaint. It is an important step before raising a tribunal claim.
This is a link to the questionnaire plus guidance as to how to complete it provided by the Commission for Racial Equality:
http://www.cre.gov.uk/legal/rr65_how.html
Tribunal deadlines for employment cases: The deadline is normally three months less one day from the date of the incident you are complaining about. However, since the Dispute Resolution Regulations came into force, the three month time limit for employment cases will automatically be extended by three months (that is, to six months) where the Dispute Resolution Regulations apply for example, where the grievance procedures have been commenced but not completed.
This link to the Commission for Racial Equality specifically deals with raising a claim:
http://www.cre.gov.uk/legal/complaint.html
Time limits for presenting complaints are generally strictly enforced and although tribunals have power to grant extensions if, in all the circumstances, an extension of time would be just and equitable you can see that as the following decision demonstrates, there is not much room for manoeuvre:
'The EAT upheld a decision not to accept an unfair dismissal claim which was presented 88 seconds late. The Claimant tried to present his claim via the internet 15 minutes before midnight on the last day for presentation. However, he mistyped the web address and then sent a test message 3 minutes before midnight followed by his actual Claim Form 1 minute and 28 seconds after midnight.'
It was held that it was reasonably practicable for the claim to have been presented within time (ie before midnight), and although the result seemed harsh, time limits are there to be followed.
So unless you have already got another case pending and can amend the particulars to include the discrimination element or have a just and equitable reason why your case should be considered after the time limit has lapsed, the advice you have had to date appears to be right in saying that unfortunately, you are out of time in respect of some elements of your complaint. However, if the abuse is ongoing, then you still have a live claim.
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