Ms S. Harvey v Iceland Foods Limited — 2022

The claimant brought disability discrimination complaints arising from her employment with Iceland Foods Limited. The respondent conceded disability, but not knowledge. The tribunal held that the reasonable adjustments complaints were discrete workplace matters ending, at the latest, when the claimant began sickness absence on 7 April 2020, and were not part of a continuing course of conduct linked to the later 26 August 2020 incident.

The tribunal found the reasonable adjustments claim was out of time and declined to extend time on just and equitable grounds. It accepted the claimant had been unwell but found insufficient evidence that she was incapable of starting ACAS early conciliation or presenting a claim within time, and did not accept that lack of knowledge justified the delay.

The direct disability discrimination complaint about 26 August 2020 was held to be in time. The harassment allegations concerning 5 April 2020, 16 April 2020, and 26 August 2020 were allowed to proceed because the tribunal considered it possible that, if the claimant's case about management gossip concerning her health were established, the April matters might form part of a continuing course of conduct. The tribunal refused strike out and deposit order applications because relevant factual disputes required evidence at the final hearing.

The claimant's application to amend to add race discrimination allegations was refused. The tribunal considered those allegations substantially out of time, involving a different alleged actor and a significant expansion of the factual and legal enquiry, and found the prejudice to the respondent in allowing the amendment outweighed the prejudice to the claimant in refusing it.