Mr M Khan v Foresters Financials t/a Forester Life Limited and 1 other — 2024

This was a preliminary hearing on whether the claimant was disabled by reason of OCD or anxiety and whether certain discrimination allegations were in time. The tribunal found there was no specific diagnosis of OCD in the GP records, no supporting evidence from earlier records, and no adequate basis for concluding that anxiety amounted to a long-term impairment. It treated the anxiety shown in the records as reactive to life events or to the suspension and disciplinary process rather than as a qualifying disability under s.6 Equality Act 2010.

Because the claimant was not found to be disabled, the disability discrimination claims were dismissed. The tribunal also found that the claimant's own account was inconsistent with the medical notes and that there was no evidence of a combined effect of OCD and anxiety sufficient to satisfy the statutory definition.

On limitation, the tribunal held that the allegations identified in paragraph 61 of the reasons were out of time. It treated 24 December 2022 as the relevant cut-off date and held that the unsuccessful Area Manager applications in 2019 and 2020, the Cambridge comment, the request to attend a meeting with an Asian family, the comments about the claimant's car, and the sick pay decision were all outside time. The tribunal found no continuing act of discrimination under Hendricks and refused to extend time on a just and equitable basis.

In refusing an extension, the tribunal took into account the age of the events, the absence of contemporaneous complaints, the prejudice to the respondent in dealing with historic matters, and the limited merits of the pleaded allegations. The out-of-time discrimination claims were struck out and no monetary remedy was awarded at this stage.