Claimant v Dignity Funerals Limited — 2022

At a remote preliminary hearing on 30 June 2022, Employment Judge Goodrich considered time limits and disability status in Mrs Toni Slade's claims against Dignity Funerals Limited. The unfair dismissal claim arose from her redundancy dismissal, with an effective date of termination of 16 April 2021 and a claim presented on 8 September 2021. The tribunal held that the unfair dismissal complaint was six days late after ACAS early conciliation and that it was reasonably practicable for her to have presented it in time, so that claim was dismissed under section 111 of the Employment Rights Act 1996.

The disability discrimination complaint concerned her selection for redundancy and dismissal, including the rejection of her appeal on 12 May 2021. The tribunal held that the complaint was in time under section 123 of the Equality Act 2010, noting the ACAS early conciliation certificate dated 2 August 2021 and the resulting deadline of 20 September 2021 under the stop-the-clock provisions. It also said that, even if any part of the claim had been out of time, it would have been just and equitable to extend time because the delay was short and the respondent had not identified specific prejudice.

On the disability issue, the tribunal found that Mrs Slade was disabled within section 6 and schedule 1 of the Equality Act 2010 at the relevant times. It accepted that she had Arrhythmogenic Right Ventricular Cardiomyopathy, Polymyalgia Rheumatica and Diverticular Disease, and it treated the effects of medication and symptoms such as shortness of breath, mobility restriction, pain, difficulty dressing, diarrhoea and occasional incontinence as more than minor or trivial. An occupational health report dated 26 August 2020 recorded multiple conditions, recommended adjustments and said the Equality Act was likely to apply. The tribunal said it was unnecessary to reach a separate conclusion on sleep apnoea.