In person For the v Respondent — 2021

Mr Duncan Pile was dismissed by HMRC on 18 September 2020 after starting work on 9 November 2019. The second claim, presented on 11 May 2021, was brought out of time. The tribunal noted that ACAS early conciliation on the first claim would only have extended time to about 18 January 2021, so the second claim was nearly four months late.

The tribunal accepted the claimant's explanation that, because of his depression and anxiety and his understanding of Employment Judge Ayre's earlier directions, he believed that his schedule of loss had already dealt with the dismissal amendment. It also took account of the evidence about his mental health and found no prejudice to HMRC. Applying the just and equitable discretion and the authorities in Robertson v Bexley Community Centre t/a Leisure Link, British Coal Corporation v Keeble, and Southwark London Borough Council v Afolabi, it extended time and permitted the second claim to proceed.

The tribunal then identified the claims as a section 15 Equality Act 2010 claim about unfavourable treatment because of something arising in consequence of disability, a failure to make reasonable adjustments claim under sections 20-22, and a section 26 harassment claim. It noted substantial absences in a short period of employment, said the respondent had attempted a series of reasonable adjustments, and recorded that the claimant had a trade union representative at attendance meetings and was invited to a stage 3 meeting where dismissal was identified as a possible outcome. On that basis, it ordered a deposit of £50 per case under Rule 39 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 because it considered the claims had only little reasonable prospect of success.