Mr A McMellon v Royal Mail Group Limited — 2020

The claimant was employed as a postman and his employment ended on 4 May 2017 by reason of ill health early retirement. He brought a disability discrimination claim on 16 August 2019 after early conciliation on 5 and 6 August 2019. The claimant accepted that the claim was outside the three-month statutory time limit.

The tribunal found that the claimant had requested an appeal in May 2017 and that the respondent did not act on that request. The tribunal noted correspondence and discussions involving the claimant's trade union, including reference to possible tribunal proceedings by late 2018, and found that by December 2018 the claimant had been told that the appeal procedure was closed.

Considering the just and equitable extension discretion, the tribunal took account of the length and reasons for the delay, potential prejudice to both parties, and the effect of delay on evidence. It found that the respondent would face considerable prejudice because relevant witnesses had left and correspondence had gone astray, and that the claimant had not provided a satisfactory explanation for not acting earlier. The tribunal therefore declined to extend time and dismissed the claim.