Mr G Roberts v Lancashire County Council — 2021

The claimant brought claims of unfair dismissal and disability discrimination, and withdrew his application for a redundancy payment. It was agreed that the unfair dismissal and disability discrimination claims were lodged outside the relevant time limits. The claimant relied on health issues and the impact of the pandemic as reasons for the delay.

For unfair dismissal, the Tribunal accepted that the claimant had suffered with depression from July 2019 and had childcare responsibilities during part of each week. It found, however, that he had been able to function at work, prepare a relatively complex redundancy appeal document, apply for jobs and attend interviews. The Tribunal concluded that it had been reasonably practicable for him to bring the unfair dismissal complaint in time, so the claim was dismissed.

For the disability discrimination claim, the Tribunal considered whether to extend time on a just and equitable basis. It identified some practical prejudice to the respondent because oral evidence would be needed about interview panels' knowledge and perceptions, and memories would have faded. Taking the reasons for delay, the length of delay, prejudice and finality in the round, the Tribunal decided not to extend time and dismissed the disability discrimination claim.