Harassment claim against individual manager allowed to proceed late

When a late harassment claim can still proceed

This case shows that even if a claim is presented late, a tribunal may allow it to go ahead if the delay was not the claimant's fault and the respondent is not prejudiced. The former employee brought complaints of unfair dismissal, harassment, and victimisation against her employer and a harassment claim against an individual manager.

What the tribunal decided

The employer accepted the unfair dismissal claim was in time. For the harassment and victimisation claims against the employer, the tribunal said they were in time if there was conduct extending over a period – a question for the final hearing. For the harassment claim against the manager, the tribunal extended time because the delay was only about one month, the claimant was not at fault for missing early conciliation against the manager, and the manager was not prejudiced. Importantly, if the employer successfully used a statutory defence, the claimant could be left without a remedy for harassment unless the claim against the manager proceeded.

What this means for similar claims

If you are bringing claims against both an employer and an individual employee, you must start early conciliation against each respondent separately. A short delay may be excused if it is not your fault. The tribunal will consider whether the delay has caused unfairness to the other side and whether refusing an extension would leave you without a remedy. This case is a reminder that time limits are strict, but there is some flexibility in discrimination claims where it is just and equitable to extend time.