Case 1401984/2022 · Employment Tribunal
ALISON CHASE v New Forest District Council — 2023
- Case reference
- 1401984/2022
- Decision date
- 27 July 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Oldroyd
Parties
2 namedClaimant
ALISON CHASE
Respondent
Key findings
Tribunal's reasoningThe claimant, Alison Chase, was found to be disabled within the meaning of section 6 Equality Act 2010 by reason of Chronic Fatigue Syndrome diagnosed in March 2012. The tribunal recorded that the respondent had previously made adjustments, including a 10am start and access to a first aid room with a bed, and that the dispute arose after the claimant moved from the Town Hall in Lymington to Appletree Court in Lyndhurst on 12 December 2018 and later when she began working from home during the first Covid lockdown.
The claim was for failure to make reasonable adjustments under sections 20 and 21 Equality Act 2010. The tribunal treated the complaint as an omission rather than a continuing act for limitation purposes, and applied section 123(3)(b) and (4). It found that the ATC adjustments, including parking and access to a rest room with a bed, ought reasonably to have been made by 25 January 2019, when the claimant emailed HR saying she was no longer receiving the adjustments she had previously had. On that basis the ATC part of the complaint was out of time by nearly three years.
For the home-working adjustments, the tribunal found they ought reasonably to have been made before 17 August 2020, when the claimant commenced long-term sick leave. The claimant had complained in June and July 2020 about struggling to cope and requested better equipment, and by August 2020 she had been home working for five months without the adjustments she said were needed. That part of the complaint was therefore out of time by about 17 months.
The tribunal then considered whether it would be just and equitable to extend time. It accepted that the claimant had sought legal advice in July 2021 and had been affected by disability, Covid disruption, and assurances that adjustments would be made, but held that these factors did not justify the very significant delay. It also noted that the documentary record was clear, while witness recollections would inevitably be less certain. The claim was therefore not allowed to proceed.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Preliminary hearing on limitation only. The tribunal held the reasonable adjustments complaint was brought out of time and refused to extend time on a just and equitable basis. The judgment addressed alleged failures in relation to the Appletree Court move from December 2018 and home-working arrangements from March 2020. | Dismissed | Disability | — |
Legal tests applied
9 references- s.123 Equality Act 2010
- s.123(3)(a) and (b) Equality Act 2010
- s.123(4) Equality Act 2010
- Kerr v Fife Council
- Abertawe Bro Morgannwg University Local Health Board v Morgan
- Pathan v South London Islamic Centre
- Adedeji v University Hospitals Birmingham NHS Trust
- Robertson v Bexley Community Centre
- section 33 Limitation Act 1980 factors
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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