Miss A Williams v Navolio Ltd (trading as “Off to Work”) and 1 other — 2020

The Tribunal found that Miss A Williams was a disabled person within section 6 of the Equality Act 2010. It accepted her evidence and the medical history before it: a 1997 car accident causing a 90-degree dislocation of the right talus bone, subsequent operations including a graft, fusion and triple fusion, a valgus deformity, constant pain managed with rest, elevation and Naproxen, a limp, and complex regional pain syndrome. The Tribunal held that these effects remained current and materially affected her movement and day-to-day activities.

On time limits, the Tribunal accepted that the claimant had contacted ACAS in June or July 2019 and again on 10 September 2019, and that she misunderstood the need to commence proceedings while internal steps were still being pursued. It also accepted that ACAS had not explained that separate early conciliation certificates were needed for both potential respondents. In those circumstances, the Tribunal held that it was not reasonably practicable for the WTR claim to be brought in time against the second respondent and that it was presented within a reasonable period thereafter. It further held that it was just and equitable to extend time for the disability discrimination claim because the delay was small, a fair hearing remained possible, and the prejudice balance favoured allowing the claim to continue.

The working time complaint was struck out because the claimant accepted that on 11 June 2019 she was offered a 30-minute rest break after six hours' work. The Tribunal therefore held that the rest-break complaint had no reasonable prospects of success. It refused the respondents' strike-out application in relation to the discrimination claim and also refused the deposit order applications, finding the discrimination claim arguable rather than one with little reasonable prospect of success.