In person v Harrogate Borough Council — 2020

Ms Higgins alleged direct discrimination because of disability, saying that in October 2016 Harrogate Borough Council failed to offer her work. The claim was presented on 6 September 2019, which the Tribunal recorded as over 31 months outside the three-month time limit. The issue at the preliminary hearing was therefore whether it had been brought within a further just and equitable period under section 123(1) of the Equality Act 2010.

The Tribunal heard oral evidence from Ms Higgins and considered documents from both parties. Ms Higgins said that her ill-health and the effect of medication meant she did not realise until sometime in 2017 why she had not been offered work, and that she did not have enough energy to bring a claim until her daughter left home in September 2018. The Tribunal did not accept that explanation. It found that she had enough energy in 2017 to start a small business selling hand-knitted items and to apply for other jobs, and in any event that did not explain the further delay until September 2019.

The Tribunal also accepted the Respondent's prejudice argument. It found that the passage of time was likely to affect the availability and cogency of evidence, particularly because the person said to have discriminated against Ms Higgins, Ms Hirst, no longer worked for the Council and her memory of events in autumn 2016 would likely have faded. Taking all matters together, the Tribunal concluded that the prejudice to the Respondent in allowing the claim to proceed outweighed the prejudice to Ms Higgins in dismissing it. The claim was therefore dismissed for want of jurisdiction.