Mr P Doona v Nissan Motor Manufacturing (uk) Limited — 2022

The claimant, a Nissan employee on the Disability Income Scheme following a back injury, brought claims of direct disability discrimination, indirect disability discrimination and failure to make reasonable adjustments. The Tribunal found that several complaints were brought substantially out of time, including the allegations about direct notification of vacancies, share scheme information, and the format of pension statements. It held that it was not just and equitable to extend time for those matters and therefore had no jurisdiction to hear them.

The reasonable-adjustments complaint about the absence of annual pension statements for DIS members was allowed to proceed despite being out of time. The Tribunal found that Nissan accepted the relevant PCP, knew of the claimant's disability, and could reasonably have known that not issuing annual pension statements would place him at a substantial disadvantage because he could not challenge the accuracy of his pension benefits. It held that issuing annual pension statements was a reasonable step, involving some inconvenience and modest cost but not an impracticable or insurmountable obstacle.

The Tribunal upheld that reasonable-adjustments claim and awarded £7,500 for injury to feelings plus £4,204.93 interest, making a total award of £11,704.93. It declined to apply an ACAS uplift and recommended that Nissan issue an annual pension statement to the claimant as soon as reasonably practicable after each financial year and no later than 31 May.