Mr Stanley Lewry v Hays Specialist Recruitment Ltd and 1 other — 2019

The claimant brought disability discrimination complaints arising from an assignment which began on 19 August 2019 and ended on 2 September 2019. The claim was presented on 30 December 2019. The parties agreed it was outside the ordinary Equality Act 2010 time limit, and the claimant relied on his mental health as the reason for the delay.

The Tribunal accepted that the claimant was unwell in September 2019, but found that his mental health did not prevent him from bringing the claim in time. It noted that after 9 September 2019 he was able to go on holiday, correspond in detail with the respondents, research and take advice on legal claims, contact ACAS, attend GP appointments, apply for roles and attend interviews. The Tribunal found an unexplained delay after the end of October 2019, when the claimant knew his rights, had the information he needed and had indicated that he would start ACAS early conciliation.

The Tribunal concluded that it was not just and equitable to extend time under s.123(1)(b) Equality Act 2010 and therefore it had no jurisdiction to hear the disability discrimination claims. Although unnecessary to decide, it also considered the second respondent's separate jurisdiction argument and concluded that the claimant was not employed by the second respondent and would not have been able to proceed against it under ss.39 or 41 Equality Act 2010.