Background:

The claimant works as a Service Colleague for the respondent and has done since 2004.  The issue arose in May 2022 relating to a comment from another member of staff which was ‘you lot can’t decide when to celebrate Eid’.  This was raised in a grievance and the process for that broke down in August 2022. This led to a second grievance in May 2023 about that comment and the running of the grievance. That grievance was rejected and the comment was not found to be discriminatory. However, it was recognised that the first grievance process was unsatisfactory. This was internally appealed and that appeal was upheld with the claimant being found to have been subject to discriminatory behaviour.

The respondent stated that the events were not such that they continued over a period of time and that the claim should be dismissed for being out of time.

Outcome:

The Tribunal found that the claim was presented within the applicable time as it was held that the conduct, through the grievance process, was such that it extended over a period of time. This meant that the last act of claimed discrimination was the appeal relating to the second grievance which was August 2023 and was within three months of when this claim was submitted. Accordingly, the claim was permitted to continue to a full hearing relating to the religious belief discrimination.

Practical Guidance for Employers:

This demonstrates the importance of having a robust and fair grievance process. The fact that the grievance process was unsatisfactory to begin with had led to those matters relating to a potentially discriminatory comment had then been merged with the processes of the respondent. This system and the related grievances here meant that the case was presented within time and would continue to a full hearing.

https://assets.publishing.service.gov.uk/media/674dc58175c75a6dc4fb51c9/Mrs_S_Aziz_V_ASDA_Stores_Ltd_-_1306402.2023_-_Judgment.pdf