Mr D Patterson v Secretary of State for Work & Pensions — 2022

The hearing was an open preliminary hearing on the respondent's application to strike out the first and second claims or require deposits. For the first claim, the claimant brought race and disability discrimination claims, including direct discrimination, section 15 Equality Act 2010, failure to make reasonable adjustments and victimisation, together with a section 146 TULRCA claim. The claimant did not attend and did not give evidence.

The tribunal found that the discrimination claims were out of time and that the claimant had provided no evidence or submissions explaining why it would be just and equitable to extend time. It noted that the claimant had later received legal assistance and that time limits had been raised in the respondent's response, but no pleading or explanation had been provided on extension of time. The discrimination claims in case number 3202601/2021 were therefore struck out for lack of jurisdiction.

For the section 146 TULRCA claim, the tribunal found that the claimant had not shown precisely why the claim was not presented in time and that there was no suggestion of any impediment preventing timely presentation. It concluded that time should not be extended and struck out that claim.

The tribunal also recorded what it would have done had time been extended. It considered that the claimant had little reasonable prospect of showing disability by dyscalculia or anxiety, and that the direct disability discrimination, section 15, and reasonable adjustments claims would have been struck out on prospects grounds. It considered the race allegation about commencing the investigation had no reasonable prospect of success, while some other race and victimisation allegations would have had little reasonable prospect of success and would have been subject to deposit orders rather than struck out on that basis.