Miss Fulbahar Ruf Begum v Ministry of Justice — 2020

The claimant brought claims of unfair dismissal and disability discrimination on 19 September 2019, after her employment had ended by resignation on 31 October 2018. She said she had sought adjustments because of a learning disability, had been harassed after doing so, and had relied on advice from her trade union representative about the internal grievance process and tribunal time limits.

For unfair dismissal, the tribunal held that the claimant's case was that her adviser had given mistaken advice. Applying the reasonably practicable test and case law on advice from skilled advisers, the tribunal found that it was reasonably practicable to bring the claim in time and dismissed it as out of time.

For disability discrimination, the tribunal considered whether it was just and equitable to extend time, including the section 33 Limitation Act factors. It took the claimant's case at its highest, including the delayed grievance process and her reliance on union advice, but found those matters were not sufficient to justify extending time, particularly given the length of delay and the likely importance of oral evidence about stale allegations. All claims were dismissed.