Mr D Lee v Aurorium UK Limited — 2023

The claimant presented the case on 25 March 2021 and had previously withdrawn the age discrimination claim. The respondent accepted that he was disabled by depression during the relevant period, but disputed knowledge of that disability before December 2020. The tribunal found that the respondent first became aware of the claimant’s mental health issues on 18 or 19 December 2020; before then, the documents showed awareness of physical health issues and the strain of caring for his disabled wife.

The tribunal held that the original reasonable-adjustments complaint about alleged bullying was in time because it formed part of a series of incidents ending in December 2020. That complaint was dismissed on the merits. The tribunal found that the respondent was not complicit in the graffiti and other locker-room incidents, that Mr Cook escalated the matter, and that management took steps including a toolbox talk, briefing managers, and monitoring the situation. It did not accept that the respondent had failed to take the matter seriously, investigate it, or act to prevent it.

The amended section 15 complaint and the amended sections 20 and 21 complaint concerning the capability review meeting were held to be out of time. The application to amend was made on 14 April 2022, well after the 21 July 2021 meeting, and the tribunal was not satisfied that it was just and equitable to extend time. It noted that, if the capability-review complaint had been heard, it would have treated capability meetings as a PCP, but would have found that the respondent would have been flexible about notice, medical evidence, and an informal meeting; on the section 15 issue, it considered the invitation to the meeting a normal attendance-management step and not unlawful unfavourable treatment. No monetary award was made and the provisional remedy hearing was cancelled.