In Person For the v Ms C Jamieson, Solicitor — 2023

This was an open preliminary hearing on limitation. The Claimant presented his claim on 20 January 2023, after notifying ACAS on 31 October 2022 and obtaining an Early Conciliation certificate on 6 December 2022. The tribunal recorded that, setting aside the ACAS extension, the unfair dismissal and wrongful dismissal complaints should have been presented by 30 November 2022, and that the ACAS period would otherwise have extended time to 5 January 2023. The Respondent conceded that the Claimant was disabled by reason of HIV since September 2005, and also by reason of anxiety and depressive disorders and psychosis.

The tribunal accepted medical and lay evidence that, after dismissal on 1 September 2022, the Claimant's mental health deteriorated significantly. It found that he had difficulty concentrating, could not reliably remember or follow advice, and was dependent on assistance from his mother, the Citizens Advice Bureau and the RMT in taking steps with ACAS and later in bringing the claim. On that basis, it held that it was not reasonably practicable for him to present the unfair dismissal and wrongful dismissal complaints in time, and that he brought them within a reasonable period once he learned on 20 January 2023 that time had expired. Jurisdiction was therefore extended for those complaints.

The tribunal reached the same practical result for the disability discrimination complaints, which were described as failures to make reasonable adjustments. It held that it was just and equitable to extend time because the post-expiry delay was relatively short, less than two months, and was fully explained by the Claimant's illness and inability to take legal steps without help. The tribunal also found little evidence of prejudice to the Respondent, noting that ACAS Early Conciliation had already put it on notice of the dispute within the primary limitation period. An anonymity order was made because of the sensitivities around the Claimant's HIV diagnosis and mental health, and the question of anonymity was left to be reviewed at the liability hearing.