Ms C. Goodman (Counsel) v Respondent — 2023

Mr Daniel Townsend brought disability discrimination complaints arising from alleged failures to make reasonable adjustments in relation to redeployment. The respondent conceded on 7 November 2022 that he was disabled at all material times by an otherwise undiagnosed chronic pain condition. The hearing before Employment Judge Smail was limited to time limits and strike-out/deposit issues; the merits of the discrimination complaints were not determined.

The tribunal held that it was just and equitable to extend time for bringing all disability discrimination claims to the date the claim form was presented on 28 July 2022. In reaching that conclusion, the judge referred to the Keeble factors, took into account the length and reasons for delay, the absence of evidential prejudice to the respondent, the claimant's ongoing pain and mental health difficulties, his reliance on the RCN and the grievance process, and the fact that the respondent had partially upheld the grievance on 1 July 2022.

The relevant criticism concerned the redeployment period from 6 October to 29 December 2021, including the complaint that vacancy bulletins and job alerts should have been sent while the claimant was on the redeployment register. The judgment records that the claimant had been placed on the redeployment register on 6 October 2021, that redeployment was later confirmed from 8 April 2022 into an Oncology Support Worker role, and that any compensation for delay would be modest. The respondent's strike out and deposit applications were not determined.