Ms M Fernandes v Department for Work and Pensions — 2022

At this preliminary hearing the Tribunal determined disability status and time-limit issues only. The Respondent accepted that the Claimant was disabled by reason of depression and back pain, with sciatica accepted as either a cause or symptom of the back pain. The Tribunal also accepted the Claimant's oral evidence about anxiety and found that she was disabled by reason of anxiety at the relevant time. The Claimant no longer relied on migraines as a disability.

The Tribunal found that the reasonable adjustments and indirect disability discrimination complaints about working from home without appropriate office equipment were out of time. It concluded that the relevant period for the Respondent to act ended on 4 August 2020, because from that date the Claimant's inability to do her main duties was due to Smart Card access difficulties rather than the absence of furniture or equipment. After weighing the Claimant's health, caring responsibilities, stated lack of knowledge of time limits, internet access, trade union role, and earlier emails referring to rights and potential action, the Tribunal decided it was not just and equitable to extend time.

The Tribunal treated the section 44 Employment Rights Act 1996 complaints against Ms Olukotun as an alleged series of similar acts or failures running from September 2020 until the threatened placement on special leave in January 2021. It found those complaints were in time and that the Tribunal had jurisdiction to consider them.