Ms J Rooney v The Turner Home — 2022

This was a preliminary hearing to decide whether Ms Rooney’s disability discrimination complaints were in time. The tribunal recorded that the claimant was disabled for the purposes of section 6 of the Equality Act 2010, but found that the relevant statutory time limit had expired before early conciliation began on 13 January 2021. The claim form was received on 27 February 2021.

The tribunal accepted that the claimant had raised a number of different allegations over a long period, including complaints said to begin in 2015/2016 and others arising after her move into a painter/decorator role in 2018. It found her account of when the last discriminatory act occurred to be inconsistent, with different dates given at different stages, and held that her evidence on delay was confused and lacked a coherent explanation. It also found that some of the alleged events were too old to be fairly investigated by the respondent.

Applying the just and equitable discretion under section 123 Equality Act 2010, and referring to Robertson v Bexley Community Centre, British Coal Corporation v Keeble, Department of Constitutional Affairs v Jones, and Adedeji v University Hospitals Birmingham NHS Trust, the tribunal concluded that the balance of prejudice favoured the respondent. It noted fading memories, unavailable contemporaneous evidence, and the fact that key witnesses had left employment. It also found no arguable continuing act and said the claimant had not acted promptly once she says she became aware of time limits.

The tribunal therefore held that it did not have jurisdiction to consider the unlawful discrimination complaints and dismissed them. It also recorded that all money claims, including unfair dismissal, had already been withdrawn and dismissed in a separate judgment sent on 18 January 2022, leaving only the disability discrimination complaints for determination in this decision.