Mr L Farrow v Coastline Housing Ltd and 2 others — 2023

At the preliminary hearing on 27 June 2023, Employment Judge Cuthbert considered two issues: time limits for the whistleblowing claims and whether the claimant was disabled during the period 1 November 2021 to 9 June 2022. The claimant had resigned on 9 June 2022 and presented his claim on 10 June 2022. A March 2023 case management decision had allowed amendment to add whistleblowing detriment and automatic unfair dismissal claims, subject to a time-limit objection.

On the protected disclosure claims, the tribunal accepted the claimant's evidence that he did not know about whistleblowing claims until the hearing on 14 March 2023. It nevertheless found that it was reasonably practicable for him to have presented those claims in time because he had access to the internet and Acas, had already referred in a grievance to safety and false-economy concerns, and knew the underlying facts. Applying s.111 and s.48 ERA 1996 and the authorities on reasonable practicability, the tribunal held that the detriment and automatically unfair dismissal claims were out of time and dismissed them.

On disability, the tribunal accepted that the claimant had ADHD and that a September 2020 letter also referred to seasonal affective disorder, but found the evidence for the relevant period was insufficient to show a disability under s.6 Equality Act 2010. The most contemporaneous occupational health report, dated June 2021, said his ADHD was well managed, caused no impairment in day-to-day living, and required no adjustment or restriction. The claimant did not produce GP records or other contemporaneous medical evidence for the later period, and the tribunal found no sufficient evidence of a substantial and long-term adverse effect. The disability discrimination claims were therefore dismissed.