Mrs M Harper v London Borough of Waltham Forest and 1 other — 2020

The preliminary issue was whether Mrs Harper's disability discrimination complaint, clarified as a sections 20-21 Equality Act 2010 reasonable adjustments claim, should be allowed to proceed despite being presented outside the statutory time limit. The tribunal had already decided at the hearing that Mrs Harper was disabled by reason of dyslexia, which had a substantial and long-term adverse effect on normal day-to-day activities.

The tribunal accepted that the discrimination claim was lodged late: it should have been presented by 16 December 2019 but was filed on 8 February 2020, with ACAS early conciliation also started after the primary limitation period. Applying the just and equitable test, the tribunal found that the claim was not without merit, noting material suggesting Mrs Harper had informed her supervisor during the TUPE consultation that she needed support with e-learning and face-to-face updates because of her learning impairment.

The tribunal considered the surrounding circumstances, including Mrs Harper's role in pursuing the TUPE complaints for herself and colleagues, the complexity of the regulation 15 claims, her dyslexia, a short stress-related illness, the failed settlement correspondence in December 2019, the Christmas and New Year period, and her new employment. It concluded that the delay of less than eight weeks would not materially prevent the facts being established and that the prejudice to Mrs Harper if she could not pursue the discrimination claim outweighed the prejudice to the respondents in defending it.