RST v Reed in Partnership Limited PRELIMINARY HEARING — 2024

At the preliminary hearing on 16 September 2024, Employment Judge Camp struck out the claimant's unfair dismissal complaint because the claimant had been employed for less than two years when employment with the respondent ended, so the claim had no reasonable prospects of success.

The tribunal refused permission to amend the claim to add two proposed disability complaints. One proposed complaint was of unfavourable treatment because of something arising in consequence of disability, relying on an autoimmune condition and concerning weekly catch-up meetings between August and October 2022. The other proposed complaint was of breach of the duty to make reasonable adjustments, alternatively indirect disability discrimination, relying on mental health conditions and concerning weekly performance meetings and a performance plan between October 2022 and January 2023.

The respondent's application to strike out all or part of the claim, alternatively for deposit orders, on time-limit grounds was refused. However, the tribunal made a final and binding finding that none of the claimant's complaints related to something occurring, or conduct extending over a period ending, on or after the claimant went off sick on or about 31 January 2023, and that none of the complaints was therefore presented within the primary three-month time limit in section 123(1)(a) of the Equality Act 2010, subject to any extension for early conciliation.