Mr M Withers, Counsel For the v Respondent — 2022

The claimant, who was disabled by multiple sclerosis, brought unfair dismissal and disability discrimination complaints against the respondent. This hearing was limited to a preliminary issue on the disability discrimination claims, which the parties agreed had been presented out of time. The tribunal considered whether time should nevertheless be extended on the "just and equitable" basis under section 123 of the Equality Act 2010. The unfair dismissal claim was not determined at this hearing and was listed to proceed separately.

Applying the approach in Robertson v Bexley Community Centre and Adedeji v University Hospitals Birmingham NHS Foundation Trust, the tribunal assessed all relevant circumstances, with particular attention to the length of the delay and the reasons for it. It worked on the basis that the latest limitation period could have expired at the conclusion of the grievance process, making the claim about two months late. The tribunal accepted that the claimant faced significant health difficulties and that there would be prejudice to her if the discrimination claims could not proceed. It also rejected the submission that a £12,000 valuation for injury to feelings meant that was the only form of prejudice to her.

The tribunal found, however, that the claimant had been able to prepare a detailed grievance and appeal, had union support, and had taken legal advice before mid-March 2021. It considered there was an unexplained delay after that point, including the period before contacting ACAS on 19 April 2021 and presenting the claim form on 6 May 2021. Taking those matters together, the tribunal held that it was not just and equitable to extend time, concluded that it had no jurisdiction to hear the disability discrimination claims, and dismissed them. The tribunal also noted that the claimant had been working full time during the relevant period and that the grievance process did not of itself extend time.