Case 2409654/2023 · Employment Tribunal
Mr M Mahoney-Stack v The Chief Constable of Lancashire Constabulary — 2023
- Case reference
- 2409654/2023
- Decision date
- 15 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cookson
- Venue
- Manchester
- Panel members
- Mrs L Buxton, Dr B Tirohl
Parties
2 namedClaimant
Mr M Mahoney-Stack
Key findings
Tribunal's reasoningThe Claimant, a serving police constable, relied on long covid as a disability. The Respondent conceded disability during the relevant period and conceded knowledge, or constructive knowledge, from 17 March 2022. The claim concerned alleged unfavourable treatment because of something arising in consequence of disability and alleged failures to make reasonable adjustments between November 2021 and the presentation of the claim.
The Tribunal held that the complaints about the Written Improvement Notice issued on 10 December 2021 and the instruction on 1 February 2023 to amend the Claimant's flexible work pattern, or be returned to full hours with unworked hours treated as unauthorised absence, were not presented within the applicable time limit. It found it would not be just and equitable to extend time, so it had no jurisdiction to determine those complaints and dismissed them.
The Tribunal dismissed the remaining complaints of unfavourable treatment because of something arising in consequence of disability as not well-founded. It also dismissed the complaints of failure to make reasonable adjustments as not well-founded.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Complaints of unfavourable treatment because of something arising in consequence of disability under s.15 Equality Act 2010 were dismissed. Two allegations were dismissed for being out of time with no just and equitable extension; the remaining s.15 complaints were dismissed as not well-founded. | Dismissed | Disability | — |
| Disability discrimination | Complaints of failure to make reasonable adjustments for disability under ss.20 and 21 Equality Act 2010 were dismissed as not well-founded. | Dismissed | Disability | — |
Legal tests applied
4 references- s.15 Equality Act 2010
- ss.20 and 21 Equality Act 2010
- s.6 Equality Act 2010
- just and equitable to extend time
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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