in person For the v Respondent — 2023

The hearing on 8 February 2023 concerned the respondent’s application to strike out the claimant’s disability discrimination claims as out of time, or alternatively for deposit orders. The claim form was presented on 22 March 2022 and the tribunal treated 15 December 2021 as the last date that was in time. The claimant said the claims arose from diabetes, and the tribunal accepted that disability was admitted by the respondent.

Applying the just and equitable extension of time power in s.123(1)(b) Equality Act 2010, and following Adedeji v University Hospitals Birmingham NHS Foundation Trust [2021] EWCA Civ 23, the tribunal considered the length of and reasons for the delay, the prejudice to the respondent, and the apparent strength of the claims. It accepted the claimant’s evidence that she had pursued internal grievances, relied on advice from the RCN that she should exhaust internal procedures before issuing proceedings, then contacted Acas, and was dealing with significant personal and health stress, including diabetes difficulties, a marital breakdown, and caring for four children. The tribunal noted that the respondent had documentary records and staff still in post, so prejudice was limited.

The tribunal extended time only for two matters: the allegation about not being able to take breaks and the allegation about lone working in the community. It struck out the remainder of the claims as out of time. It also observed that some matters were not themselves detriments, including the absence of occupational health reports or risk assessments, the failure to exceed contractual sick pay, a meeting about the claimant’s circumstances and prognosis, and permitting the claimant to retract a resignation. An extra matter first mentioned in the witness statement was not taken into account because it was not pleaded.