Mrs Armelle Tohou v Hampshire County Council — 2021

The claimant was summarily dismissed on 2 December 2019 and presented her claim on 14 April 2020. The tribunal found that the unfair dismissal, holiday pay, disability discrimination and associative disability discrimination claims were all presented outside their primary limitation periods, and that the ACAS early conciliation dates did not extend time because conciliation began after those periods had expired.

For unfair dismissal and holiday pay, the claimant relied on anxiety about her own health, anxiety about her disabled daughter's wellbeing, and lack of support while her husband was abroad. The tribunal accepted that she had those anxieties, but found there was insufficient evidence, including no medical evidence, to show that it had not been reasonably practicable for her to present those claims in time. Those claims were dismissed.

For the disability discrimination claims, the tribunal considered whether it was just and equitable to extend time. It found that the delay was relatively short and that there was no evidence of specific prejudice to the respondent's ability to defend the claims. Although the tribunal accepted there was no good reason for the delay, it concluded that the balance of prejudice favoured extending time, so the disability discrimination and associative disability discrimination claims were allowed to proceed.