In person For the v Respondent — 2019

Mr Iqbal worked for HMRC from 19 September 2016 until dismissal with 4 weeks' notice dated 8 March 2019, with an effective date of termination of 4 April 2019. He had been absent from work after a road traffic accident on 11 September 2018, when he sustained a serious femoral fracture of his right leg. The tribunal recorded occupational health reports dated 9 October 2018, 23 November 2018 and 5 February 2019, and found that the respondent had been in regular contact with him and had medical evidence before it when the dismissal decision was taken.

At the open preliminary hearing the claimant sought to amend his claim to add further disability discrimination complaints relating to the appeal decision of 14 May 2019. The tribunal refused that amendment, finding that it introduced a new, substantial claim out of time and that the claimant had not shown it was just and equitable to allow it. In dealing with the amendment question, the tribunal also concluded that a discrimination claim based on the appeal would in any event be unlikely to succeed on the merits, because the respondent had consulted the claimant, had medical evidence, and there was no reasonable prospect of a return to work in the foreseeable future.

The tribunal dismissed the unfair dismissal claim because it was presented out of time and it was reasonably practicable to present it in time; it therefore had no jurisdiction to hear it. It also dismissed the disability discrimination claims, including direct discrimination, discrimination arising from disability and reasonable adjustments, because they were presented out of time, did not form part of a continuing act or omission, and it was not just and equitable to extend time. The tribunal noted that the respondent had told the claimant in the dismissal letter about the 3-month tribunal time limit and did not accept his evidence that depression, anxiety, or not reading the second page of the letter prevented him from acting in time. No remedy was awarded because all claims were dismissed on time-limit grounds.