The Claimant brought claims of discrimination and harassment and claimed that the acts he relied on were part of a continuing act. The ET disagreed and said that the claims had no reasonable prospect of success. The ET also refused his application to extend time as well as ruling that the delay in publishing their judgment breached the Claimant's article 6 right to a fair determination of his civil rights and obligations “within a reasonable time”.

The EAT allowed the appeal in part. The appeal on the out of time issue was allowed. The ET’s conclusion that the conduct extending over a period issue had no reasonable prospect of success was a conclusion that no reasonable tribunal properly directing itself on the law and the facts could have reached. The article 6 ground of appeal was dismissed on the ground that the delay did not amount to freestanding serious procedural error: Bangs v Connex South Eastern Limited [2005] ICR 763 applied. The appeal on the extension of time issue was academic. However, had it been necessary to reach a conclusion on it, the appeal would have been dismissed. Parts of the tribunal’s reasoning were faulty. Nevertheless, if those matters were disregarded the conclusion the tribunal had reached was a permissible option.