Mr S Deanie v Priority Design Services Limited and 1 other — 2020

This was a reserved preliminary judgment in Mr S Deanie's disability discrimination case against Priority Design Services Limited and Aston Martin Lagonda Limited. The claimant worked as a leather trimmer at Aston Martin's site via the first respondent from 21 January 2018 until his assignment ended on 8 July 2019. The claim form was presented on 3 February 2020, after the primary three-month limitation period had expired on 7 October 2019. The respondents conceded that the claimant was disabled from 24 March 2019.

The claimant said that he had experienced back pain from around October 2018, had not been put on light duties after sickness, had been required to do a two-person job by himself, and had then been required to work mandatory overtime after his mother's death. He also referred to kidney stones, an operation before Christmas, and mental health difficulties after the bereavements. The tribunal accepted his evidence about the bereavements and other distressing life events, and found that the medical records did not disprove his account of low mood and related difficulties.

Applying section 123 of the Equality Act 2010 and the authorities in Robertson v Bexley Community Centre T/a Leisure Link and British Coal Corporation v Keeble, the tribunal held that the delay of almost four months was significant but that the cogency of the evidence was unlikely to be materially affected. It also found that respondent cooperation was not in issue, and that the claimant acted within about two weeks of obtaining advice, including the period of mandatory early conciliation. It concluded that, because of the claimant's mental health difficulties arising from the events described, it was just and equitable to extend time for the complaint about being required to work 'stand up' overtime culminating in 8 July 2019 to 3 February 2020. The tribunal left it to the final tribunal to decide whether any earlier acts formed part of conduct extending over a period within section 123(3).