Shazia Shah v Pinnacle FM Limited — 2024

Ms Shah was dismissed on 26 June 2023 and the claim form was not issued until 13 October 2023. The tribunal held that the unfair dismissal claim was presented outside the three-month limit and that it was reasonably practicable for her to have filed in time. In reaching that conclusion, the tribunal accepted that she knew she could bring a claim, had support from her husband and a friend, and was not prevented by her health from presenting a tribunal claim in October 2023.

The tribunal also considered the disability discrimination claim, including an amendment application made on 1 May 2024 to add an allegation that the appeal hearing on 5 September 2023 was itself discriminatory. It held that this was not merely relabelling an existing complaint but an attempt to introduce a new claim, and that the claimant was in substance disagreeing with the outcome of the appeal rather than identifying discriminatory conduct in how the appeal was run.

On time limits, the tribunal found that the delay in bringing the discrimination claim was not just and equitable to overlook. It noted the claimant’s reasons for delay, including a conscious decision not to claim, a belief that tribunal proceedings would be too costly, and not acting quickly after the appeal outcome, but treated these as inadequate reasons. The tribunal also considered the claim weak on the facts relied on, including that the claimant had been off work for about nine months, remained on a fit note, and was still experiencing cataleptic episodes, and it concluded that dismissing her for capability reasons did not of itself amount to disability discrimination. Both claims were therefore struck out.