Mr S Taylor v NASUWT (National Association Schoolmasters Union Woman Teachers) — 2023

Mr Taylor's disability discrimination complaints arose from NASUWT disciplinary proceedings following a Facebook post on 6 January 2021 and his later expulsion from the union. By the time of this hearing, the direct discrimination, indirect discrimination and TULRCA unjustifiable discipline complaints had been withdrawn or treated as withdrawn, leaving live complaints under Equality Act 2010 sections 15, 20/21 and 26. The claimant relied on depression and anxiety and said the union should have taken account of the effects of his disability when dealing with the disciplinary process.

The tribunal first addressed limitation. It held that the 15 December 2021 letter telling the claimant that only the trade-union-membership detriment complaint had been accepted was sent in error, because no actual decision had been made rejecting the discrimination complaints. If the 2022 claim needed an extension of time, the tribunal said it would be just and equitable to extend time at least for the last pleaded act of 5 October 2021, with the question whether earlier events formed conduct extending over a period left for final hearing. The claimant's litigant-in-person status, the erroneous rejection letter, and the informal legal clarification he obtained were relevant factors.

Applying rule 37 and the authorities in Ezsias and Anyanwu, the tribunal refused to strike out any of the remaining discrimination complaints and refused a deposit order. It said there was some scepticism about whether discipline for the Facebook post could amount to unfavourable treatment arising from disability, but that causation and any justification defence were fact-sensitive matters requiring evidence. No monetary remedy was awarded in this preliminary judgment, and the remaining discrimination complaints were left to be determined at final hearing.