Mrs N Freeman v Chief Constable of Durham Constabulary — 2021

This was a public preliminary hearing in Mrs N Freeman v Chief Constable of Durham Constabulary to decide whether the disability discrimination complaint was out of time and, if so, whether it was just and equitable to extend time under s.123 Equality Act 2010. The claimant contacted ACAS on 6 May 2020, received the certificate on 13 May 2020, and presented her claim on 4 June 2020.

The claimant’s complaints were about conduct by Leanne Hogg from March 2017 to March 2018, a complaint to DI Rooney in April or May 2018, and a later matter involving DS Andrea Pescod in May 2019. The tribunal recorded evidence that the claimant had serious mental health difficulties, including depression, PTSD and EUPD, had been on long-term sickness from May 2018, and had other personal problems. She said she delayed bringing proceedings because she believed she had to complete the internal grievance process first and had been told by Unison that any tribunal claim was likely out of time.

The tribunal accepted the claimant’s evidence about the effect of her mental health and her mistaken belief that she had to await the grievance outcome before issuing proceedings. It found that Unison had not told her that she might still ask for an extension of time, and that her prompt contact with ACAS after the grievance outcome in May 2020 was consistent with her account. The tribunal also noted limited prejudice to the respondent: DS Pescod had retired, document recovery was said to be possible, and the respondent had been aware of the allegations by at least December 2019 when the grievance was submitted.

Applying the just and equitable discretion under s.123 Equality Act 2010, and referring to authorities including Hendricks, Abertawe Bro Morgannwg University Local Health Board v Morgan, Adedeji, Caterham School v Rose, Serco v Wells, and E v X, L & Z, the tribunal extended time and held that the claimant could pursue her disability discrimination complaint. No merits determination or monetary award was made at this hearing.