Claimant v Barclays plc and others — 2023

The claimant was employed by Barclays Executive Services Ltd until 20 April 2021 and presented his claim on 18 August 2022 after ACAS Early Conciliation. He advanced constructive unfair dismissal, an unlawful detriments claim under s.47B ERA 1996, disability discrimination claims including indirect discrimination, harassment and failure to make reasonable adjustments, victimisation, and references to health and safety, data protection/GDPR and the ECHR.

The tribunal held that it had no jurisdiction to hear the health and safety, data protection/GDPR and ECHR complaints. For the ERA claims it applied the not reasonably practicable test in s.48(3)(b) ERA 1996, and for the Equality Act claims it applied the just and equitable test under s.111(2)(b) ERA 1996, with reference to Chief Constable of Lincolnshire Police v Caston and Adedeji v University Hospitals Birmingham NHS Foundation Trust.

The tribunal accepted that the claimant was unwell and had a later diagnosis of psychosis, but found there was limited evidence about his condition for most of the period between April 2021 and August 2022. It noted that he was able to contact ACAS and other organisations, make many job applications and attend interviews, and it found no evidence beyond his own assertion that he could not have brought the claims earlier. It therefore concluded that the claims were out of time and dismissed them for lack of jurisdiction. No monetary remedy was awarded.