Mr N Duke v B&M Retail Ltd — 2021

This was a preliminary hearing concerning the first of two claims. The claimant, a disabled Store Manager with respiratory health issues, complained about alleged disability discrimination during the Covid-19 pandemic, including decisions relating to furlough, store placement, and requests for adjustments. The respondent argued that the first claim was out of time and sought strike out, or alternatively a deposit order.

The Tribunal held that the matters complained of could be viewed as conduct extending over a period. It accepted that the claimant was asking for further consideration of his position during an evolving period of pandemic restrictions and that there was sufficient material to treat the process, culminating in the grievance appeal outcome on 23 March 2021, as a continuous act. In the alternative, it held that it would be just and equitable to extend time.

On strike out, the Tribunal held that the section 15 claim had no reasonable prospects of success because the 'something arising' was not articulated and the claim was incomprehensible. The Tribunal therefore struck out that claim, but held that it had jurisdiction to hear the section 19 indirect discrimination and sections 20-21 reasonable adjustments claims, which remained to proceed to the listed final hearing.