In person For the v Respondent — 2021

The claimant worked as a Receiving Supervisor from 6 October 2008 and had been off sick from October 2017 with left shoulder pain. The main limitation issue was whether his employment ended on 27 August 2018, as the respondent contended, or on 19 September 2018, as the claimant said. After considering the letters sent to Croindene Court, Deans Walk and Pampisford Road, the tribunal found the correspondence to Croindene Court and Deans Walk was returned unopened, did not accept that the claimant was deliberately avoiding contact, and concluded that he did not learn of the dismissal until 19 September 2018 when his partner told him what Mr Ager had said.

On that basis, the tribunal held the unfair dismissal claim was presented in time because the ET1 was lodged on 13 December 2018 within three months of the effective date of termination. It referred to the authorities on effective date of termination, including Gisda Cyf v Barratt, Brown v Southall & Knight and McMaster v Manchester Airport plc, and rejected the respondent's case that the claimant had a reasonable opportunity to learn of the dismissal earlier. No finding was made on the fairness of the dismissal itself at this hearing.

On disability, the tribunal accepted that the claimant had osteoarthritis affecting his left shoulder and arm, with reduced movement and pain that affected dressing, washing his back, carrying shopping and sometimes sleeping. It found the impairment had a substantial and long-term adverse effect and therefore that he was disabled for the purposes of the Equality Act 2010. The tribunal also extended time for the disability discrimination complaint on just and equitable grounds, refused the strike-out application because the claimant had substantially complied with the order for further particulars, and left the merits of the discrimination claim to a later tribunal.