Mrs Ruth Carter v Betsi Cadwaladr University Local Health Board — 2019

This was a reserved judgment on a preliminary limitation point. The claimant relied on Crohn's disease as a disability, which the respondent accepted, and brought Equality Act complaints including discrimination arising from disability, failure to make reasonable adjustments, disability-related harassment and victimisation, alongside unfair constructive dismissal and wrongful dismissal. Protected disclosure detriment and indirect disability discrimination complaints had previously been withdrawn.

The tribunal rejected the claimant's submission that there was a continuing state of affairs from 2013 to 2018. It found that the historic allegations concerning VE were separate from later matters about the rejection of grievances in January 2018 and the absence management process, which involved different managers. The tribunal grouped the allegations and held that the historic allegations concerning VE were not part of a continuing act connecting them with the later complaints.

The tribunal declined to extend time on a just and equitable basis for the historic allegations. It noted the length of the delay, the likely effect on the cogency of evidence, the absence of a relevant failure by the respondent to cooperate with information requests, and the claimant's access to trade union advice. Allegations 1, 2, 3, 4, 8, 9, 13, 14, 15, 17, 18, 19, 21 and 22 were dismissed as time-barred, while allegations 5, 6, 7, 10, 11, 12 and 20, together with unfair and wrongful constructive dismissal complaints, were to proceed to a full hearing.