Mr S Leigh v Whitbread Group plc — 2021

The claimant had worked as a night receptionist and went off sick in January 2019 before resigning with effect from 1 September 2019. The Tribunal identified proposed sex discrimination and harassment allegations, disability-related harassment allegations, and a proposed reasonable adjustments claim, most of which concerned events between late 2018 and January 2019.

The Tribunal found that, apart from the June 2019 welfare-call allegation, the discrimination claims were out of time. It considered the claimant's explanation for delay, including the internal grievance process and attempts to obtain advice, but found it was not just and equitable to extend time. It also refused the amendment application, finding that the proposed amendments were significantly late, could have been included earlier, and had little merit.

The June 2019 disability-related harassment allegation was in time, but the Tribunal found it had no reasonable prospect of success. It held that it was normal for the respondent to seek medical assessment after a prolonged absence and not unreasonable to raise social media posts that appeared to contradict the claimant's stated reason for absence. The unfair dismissal claim was outside the Tribunal's jurisdiction, while the monetary claims remained undetermined for later case management.