Mrs J Bernard-Love v Croner Management and Medcare Home Services Ltd: 3307307/2018
EMPLOYMENT TRIBUNALS
Case No 3307307/2018
Between
Mrs J Bernard-LoveClaimantCroner Management and Medcare Home Services LtdRespondent
Before
Employment Judge G Tobin
Members
Mr D BeanMr D SuttonDate 26 July 2021
JUDGMENT
[1]The claimant withdrew her complaint in respect of pension contribution loss so as to pursue this in another jurisdiction, if relevant.[2]The second respondent is added to proceedings, by consent. It is the unanimous decision of the Employment Tribunal that:[3]The claimant was not directly discriminated against on the grounds of her race, in breach of s13 Equality Act 2010.[4]The claimant’s claims of race discrimination occurring before 11 February 2018 are out of time pursuant to s123 Equality Act 2010. 2 alleged acts of discrimination amounted to a continuous course of conduct under s123(3)(a) Case Number: 3201951/2019 Equality Act 2010 (see 4.8.2 and 4.8.3 of the List of Issues); however, the latter of these was not brought within the statutory time limit of s123(1)(a) Equality Act 2010. After due consideration, even if there was merit to the earlier complaints of discrimination, the Employment Tribunal decided not to exercise its discretion to allow any of the out of time complaints (4.8.1, 4.8.2. and 4.8.3 of the List of Issues) to proceed to remedy, pursuant to s123(1)(b) Equality Act 2010.[5]The case being concluded, proceedings are accordingly dismissed.