Mr J Tomlin v Bexhill Electrical (Southern) Limited — 2020

The claimant presented two near-identical claims in December 2018 and February 2019, which were consolidated. At this open preliminary hearing the tribunal considered whether the claimant was disabled at the material time and whether the disability discrimination claim was in time. The claimant also complained of unfair dismissal and wrongful dismissal, but the judgment records that notice pay for the wrongful dismissal complaint had now been paid, and the unfair dismissal claim was continued for further procedure.

On disability, the tribunal accepted that the claimant had suffered from angina and related symptoms in 2012 and that he underwent angioplasty in December 2012. It found, however, that the evidence showed a good recovery after that procedure, with no chest pain recorded at follow-up in April 2013. The tribunal did not accept that there was evidence showing the claimant was disabled in September 2017, the material time for the alleged discrimination. It noted there was no evidence of the claimant's medical condition in 2017, no medical records or GP printout for that year, and no evidence that any adverse effects were likely to recur. The claimant's 2018 health questionnaire and funding application, in which he denied having a disability, were noted but not treated as decisive.

The tribunal held that the discrimination complaint had been brought about a year out of time and that no explanation had been given for the delay. It rejected the argument that the matter involved a continuing act of discrimination, and after considering prejudice to both parties concluded that it was not just and equitable to extend time under section 123 of the Equality Act 2010. The disability discrimination claim was therefore dismissed.