Mrs S McLeary v One Housing Group Limited — 2017

Mrs McLeary brought Equality Act 2010 claims relying on disability, namely dyslexia. The respondent accepted that she was disabled, but the claims were denied. The preliminary hearing was concerned with whether the Equality Act claims were in time.

The tribunal identified the complaints as including section 15 allegations of unfavourable treatment because of something arising from disability, harassment, victimisation, and a failure to make reasonable adjustments. It found that the complaints were out of time: the earliest factual allegations dated back to March 2015, and the claimant did not contact ACAS under early conciliation until 20 September 2016, after her employment had ended on 30 June 2016.

The claimant relied on illness, being let down by her union, and hoping the grievance process would resolve matters, but the tribunal said those explanations lacked detail and did not justify extending time. Applying the just and equitable test and the guidance in British Coal Corporation v Keeble, it treated the length of the delay, the claimant's promptness after the grievance appeal outcome letter of 28 June 2016, and prejudice to the respondent as important factors. It noted that three important witnesses had left the respondent's employment.

The tribunal dismissed the Equality Act claims and said the judgment did not affect the constructive unfair dismissal claim arising from the claimant's resignation on 30 June 2016.