Mrs J Lewis v Secretary of State for Work & Pensions — 2021

This was a preliminary hearing. The tribunal determined whether the appeal outcome concerning the classification of the claimant's absence as "Assault - Work Related" was an act of direct disability discrimination, whether time should be extended for earlier direct discrimination complaints, and whether the claimant should be permitted to amend her claim to add harassment complaints.

The tribunal accepted Mrs Johnson's evidence that her appeal decision was based on her interpretation of the sick leave procedure and linked guidance, and on HR advice that the relevant classification related to incidents involving customers rather than departmental employees. It found that no facts had been established from which it could conclude, absent an adequate explanation, that the appeal outcome was because of disability, so that complaint was dismissed.

For earlier direct discrimination complaints, the tribunal accepted that the claimant's delay was explained by a combination of deteriorating health, lack of knowledge of tribunal procedures and time limits, and belief that the internal procedures might resolve matters. It found the delay was just over two weeks for the earlier decision of 6 February 2019 and that the respondent had not shown prejudice from the delay, so time was extended on just and equitable grounds.

The claimant's proposed harassment complaints were new complaints and a substantial alteration to the claim. They related to events between May and December 2017 and were out of time. The tribunal found that the claimant had known about tribunal procedure and time limits since May 2019, had participated in earlier case management hearings, and had not shown that medical evidence explained the later amendment application. It also accepted that the respondent would face significant prejudice in investigating historical matters, and refused the amendment application.