Mr S Healy, of Counsel v Respondent — 2020

At a remote preliminary hearing on 15 April 2020, Employment Judge JM Wade dealt with jurisdiction and limitation issues in Mr A Booth's case against Delstar International Ltd t/a SWM International. The claimant's pleaded Equality Act complaints were described as disability discrimination complaints arising from a failure to apply for income protection benefit, refusal to allow family members to attend grievance meetings, and an alleged attempt to dismiss him, alongside an unlawful deduction from wages complaint about pension contributions.

The tribunal held that the claimant had complied with section 18A of the Employment Tribunals Act 1996 and that the early conciliation steps were sufficient despite the different names used for the respondent. It also concluded that it was just and equitable to extend time to 20 December 2019 for the complaints linked to factual allegations 1 to 3, taking into account the length and reasons for delay, the claimant's reliance on internal grievance and union advice, the absence of demonstrated prejudice to the respondent, and the fact that the claimant was disabled during the relevant period.

The unlawful deduction from wages complaint was dismissed because it was withdrawn before the judge. The hearing did not determine the substantive merits of the Equality Act complaints, and no monetary award was made.