Mr Neil Duke v B&M Retail Ltd — 2019

The Tribunal decided preliminary issues only. It found that the claimant was a disabled person under section 6 of the Equality Act 2010 at the relevant times. The respondent accepted physical impairments, and the Tribunal found that the combined effects of sarcoidosis, degenerative disc disease and lower back arthritis substantially and long-term affected normal day-to-day activities including walking, driving, lifting, concentration and communication.

On limitation, the Tribunal allowed the claimant to withdraw an earlier concession that the claims related only to a single act. It held that the indirect discrimination claims based on the pay banding policy were in time, that the reasonable adjustments claims were in time by reference to the appeal outcome on 24 October 2018, and that the direct discrimination claim, although otherwise out of time, should proceed because it was just and equitable to extend time.

The respondent's applications for strike out or deposit orders were refused. The Tribunal held that the claimant's claims could not be said to have no reasonable prospects or little reasonable prospects of success at this preliminary stage, given factual disputes about comparators, the pay structure, knowledge, disadvantage, justification and reasonableness of adjustments. All claims were directed to proceed to a hearing.