In person For the v Mr B Uduje Counsel — 2019

Ms M Ensell presented her disability discrimination claim on 16 April 2019, after resigning on 16 January 2019. The tribunal found the claim was brought outside the primary limitation period by a matter of days, but it exercised its discretion to extend time under section 123 Equality Act 2010 on a just and equitable basis. The tribunal accepted that the claimant delayed because of the impact of her mental health, that her ignorance of the time limit was reasonable, that the delay was minimal, and that the respondent identified no real prejudice.

On the disability issue, the tribunal accepted the claimant’s evidence that she had body-focused OCD and body dysmorphia with substantial effects on daily life. It relied on her account of persistent obsessional thoughts, distress when getting ready for work, difficulty leaving home, social avoidance, and sleep impact, together with medical records and medication history showing a longer-term condition. The tribunal held that the claimant satisfied the legal definition of disability under section 6 Equality Act 2010 and could proceed with her substantive claim. No liability finding or remedy was determined at this stage, although the claimant had said the case included direct discrimination and harassment allegations linked to disciplinary action.