Mr S Grant (Lay Representative) For the v Respondent — 2023

At the open preliminary hearing on 9 January 2023, the tribunal was dealing with the claimant's sexual harassment complaints and a listed issue about time limits under section 123 of the Equality Act 2010. The unfair dismissal claim had already been dismissed on 28 February 2022 because the claimant did not have two years' service. No merits finding was made on the harassment complaints at this hearing.

Mr Grant, for the claimant, applied for an adjournment and said the claimant was confused and overwhelmed, needed more time, and required medical evidence relating to her mental health and addiction support. The only medical evidence before the tribunal was an AXA occupational health report dated 29 July 2021, which described anxiety and depression, a significant worsening from July 2021, and an expected recovery period of more than 12 weeks even after the workplace issues were resolved. The respondent opposed the application, relying on delay and prejudice, but the judge held that the claimant would suffer greater prejudice if the hearing proceeded and adjourned the matter to 11 April 2023.