Ms A Grant v Staffordshire County Council — 2020

The Claimant brought claims of unfair dismissal and disability discrimination following her dismissal on 4 April 2019. She had also originally claimed sex discrimination, but had confirmed at an earlier preliminary hearing that she was not pursuing that claim. The Tribunal considered only whether it had jurisdiction to hear the unfair dismissal and disability discrimination claims, both of which the Claimant accepted were presented out of time.

For unfair dismissal, the Tribunal found that the Claimant should have presented her claim, or at least contacted ACAS, by 3 July 2019. She contacted ACAS on 8 July 2019 and the accepted claim was not presented until 19 August 2019. The Tribunal was not satisfied that it had not been reasonably practicable for her to present the claim in time, noting that she had trade union advice and that the evidence did not show that any menopause-related condition prevented timely presentation.

For disability discrimination, the Tribunal considered whether it was just and equitable to extend time. It found that the Claimant had not shown that menopause-related matters prevented her from presenting the claim in time, and that she had been advised by her trade union. The Tribunal also stated that, on the papers, it was not satisfied that the discrimination claim was strong. It therefore declined to extend time and dismissed the claim for lack of jurisdiction.