In person For the v Respondent — 2024

The Claimant, a General Operative employed by the Respondent meat processing company since 2014, brought claims of disability discrimination under sections 13, 15 and 20/21 of the Equality Act 2010 following the development of De Quervain's Tenosynovitis after a 2018 cycling injury. The Respondent accepted the Claimant was disabled, with the date of knowledge being from October 2019 onwards. The hearing was conducted over several days at Cambridge before Employment Judge L Brown sitting with members Mr C Davie and Ms S Goding, and was hampered by the Claimant's language difficulties and the late particularisation of the issues.

The Tribunal dismissed the direct discrimination claim under s.13 and the reasonable adjustments claim under s.20/21. The s.15 claim for discrimination arising from disability partially succeeded in relation to occasions when the Respondent sent the Claimant home without pay when Line 19 was not working because she was unable to work on certain meat lines. The Tribunal found a series of non-payments in April 2022 and on 27 July 2022 amounted to conduct extending over a period reflecting a discriminatory policy and a continuing discriminatory state of affairs.

On jurisdiction and time limits, the Tribunal found the claim was presented three months less one day out of time from the primary limitation expiry, but exercised its discretion under s.123(3)(b) EqA to extend time on a just and equitable basis, having regard to the Claimant's severe ill-health during the relevant period and the absence of evidence that she had been advised of the applicable limitation period. The case was listed for a one-day remedy hearing.