Mr D Maxwell (counsel) For the v Respondent — 2017

At the open preliminary hearing on 5 April 2017 before Employment Judge Perry, the tribunal first considered the unfair dismissal complaint. It held that the claim had not been presented in time, that it was reasonably practicable to present it in time, and that it was not brought within any further period that was reasonable. On that basis the tribunal held that it had no jurisdiction to hear the unfair dismissal complaint and dismissed it.

The tribunal also considered the disability discrimination complaints. It recorded that the parties had not addressed whether the acts relied upon formed, or were capable of forming, conduct extending over a period within the meaning discussed in Arthur v London Eastern Railway Ltd [2007] IRLR 58, and that there was insufficient time at the hearing to do so. It therefore limited its decision to whether time should be extended for the last act.

On that point, the tribunal concluded that it was just and equitable to extend time in relation to the last act. It also made case management orders by consent, including listing a further open preliminary hearing to determine whether the claimant was a disabled person within the meaning of s.6 Equality Act 2010 at the material time, with fibromyalgia and mental distress identified as the impairments relied upon. The merits of the disability complaints were left for the final hearing.