Ms S Mortimer v Cardiff and Vale University Local Health Board — 2023

At a preliminary hearing, the tribunal determined limitation and jurisdiction issues. It dismissed the claimant's detriment claims under sections 44 and 47B of the Employment Rights Act 1996 because they had been presented outside the statutory time limit and it was reasonably practicable for them to have been presented in time.

The tribunal also dismissed, as out of time, the claimant's disability-related harassment, direct disability discrimination and failure to make reasonable adjustments claims except for the matters specifically identified in paragraph 3 of the judgment. It found that it was not just and equitable to extend time under section 123 of the Equality Act 2010. The same conclusion was recorded in relation to an additional reasonable adjustments allegation about home working after periods of sick leave in 2015-2017, which was not in the list of issues and would in any event require an amendment application.

The respondent conceded that certain claims were in time and would proceed: unfair dismissal, discrimination arising from disability, one harassment allegation from 15 June 2020 onwards concerning the conduct of absence management meetings leading to dismissal, and two allegations of direct disability discrimination concerning adjustments, support, supervision, and the application of policies and procedures.