Case 1404005/2023 · Employment Tribunal
Mr David Patrick Hayes v The Commissioners for His Majesty’s Revenue & Customs — 2024
- Case reference
- 1404005/2023
- Decision date
- 20 June 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge David Hughes
Parties
2 namedClaimant
Mr David Patrick Hayes
Key findings
Tribunal's reasoningAt a preliminary hearing, the tribunal considered whether the claimant was disabled at the relevant times and whether his unfair dismissal and breach of contract complaints had been brought within the applicable time limits. The respondent conceded that the claimant had anxiety including social anxiety disorder, depression and long covid, and that the relevant effects would meet the statutory disability threshold if the impairments were found.
The tribunal found that the claimant also suffered from ADHD and OCD, and therefore was disabled by reason of anxiety including social anxiety disorder, depression, long covid, ADHD and OCD at the time of the events complained of. It left the question of dyspraxia for determination at a final hearing.
The tribunal found that the unfair dismissal and breach of contract complaints were presented out of time. It accepted that the claimant had difficult personal circumstances and health conditions, but found that it was reasonably practicable for him to present those complaints in time, noting that he was aware of the tribunal, knew dismissal was possible and then had occurred, and was able to engage with employment-related processes.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed because the complaint was not presented within the applicable time limit and the tribunal found it was reasonably practicable to present it in time. | Dismissed | — | — |
| Breach of contract | Dismissed because the complaint was not presented within the applicable time limit and the tribunal found it was reasonably practicable to present it in time. | Dismissed | — | — |
| Disability discrimination | The preliminary hearing determined that the claimant was disabled by reason of anxiety including social anxiety disorder, depression, long covid, ADHD and OCD at the material time. The merits of any disability discrimination complaint were not determined in this judgment. | Other | Disability | — |
Legal tests applied
12 references- s111 Employment Rights Act 1996
- Article 7 Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994/1623
- s6 Equality Act 2010
- reasonably practicable time limit test
- Porter v Bandridge Ltd
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- Palmer & Saunders v Southend-on-Sea Borough Council
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- Marks and Spencer plc v Williams-Ryan
- Dedman v British Building and Engineering Appliances Ltd
- Lowri Beck Services Ltd v Brophy
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.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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