Middlesex University

Case Summary

Employment Judge Alliott ruled that the claimant’s claims of sex discrimination, harassment and victimisation were out of time and struck them out.

The claimant's claims of sex discrimination, harassment and victimisation were filed outside the applicable time limit and were therefore struck out as they did not meet the procedural requirement to be brought within the statutory timeframe.

• •claims of sex discrimination/harassment/victimisation arising out of alleged treatment prior to 7 October 2019 are out of time
• •no continuing act of discrimination

(V) ph judgment + cm Nov 2014 wip version 1 EMPLOYMENT TRIBUNALS Claimant Respondent Dr Gueorgui Kolev v Middlesex University Heard at: Watford by CVP On: 17 March 2021 Before: Employment Judge Alliott (sitting alone) Appearances: For the Claimant: In person For the Respondents: Mr Shane Crawford (Counsel) RECORD OF AN OPEN PRELIMINARY HEARING COVID-19 Statement on behalf of Sir Keith Lindblom, Senior President of Tribunals “This has been a remote hearing not objected to by the parties. The form of remote hearing was CVP. A face to face hearing was not held because it was not practicable and no-one requested the same.” JUDGMENT The judgment of the tribunal is that:- 1. The claimant’s claims of sex discrimination/harassment/victimisation arising out of alleged treatment prior to 7 October 2019 are out of time and it is not just and equitable to extend time. Accordingly, those claims are struck out. REASONS 1. This preliminary hearing was ordered by Employment Judge Lewis on 18 October 2020 to determine the following issue: “To consider any application for strike out or deposit orders.” 2. The claimant was employed by the respondent as a Senior Lecturer in Behavioural Economics. The claimant’s claim form states that he was employed on 1 January 2014 whereas the respondent’s response puts his date of employment as 1 September 2013. The claimant was summarily dismissed for gross misconduct on 20 December 2019. 3. For the purposes of early conciliation, Day A was 19 March 2020 and Day B was 16 April 2020. The claimant presented his claim form on 15 May 2020. (V) ph judgment + cm Nov 2014 wip version 2 Accordingly, all events prior to the date of dismissal, namely 20 December 2019, are prima facie out of time. 4. In his claim form the…