Mr G Ghanem v Ministry of Defence — 2022

The claimant brought a disability discrimination claim after an offer to work for Trant Engineering on a Falkland Islands contract was withdrawn. The respondent said it had not approved him to work for its contractor because of limited healthcare resources on the Falkland Islands, and also denied any employment relationship or other basis for liability under the Equality Act 2010.

The claim was around four months out of time. The tribunal accepted that the claimant had discovered the three-month time limit in mid-September 2021 but was put off by work commitments, difficulty with reading and writing, and embarrassment about asking his brother for help. After a conversation with his brother on Christmas Day, he contacted ACAS and later presented the claim.

The tribunal found no identified prejudice to the respondent from the delay. On merits, it considered the claimant very unlikely to be in employment under section 83 Equality Act 2010, but found the position under section 41 less clear because the respondent had not provided evidence of the relevant contractual relationships. Taking the factors together, the tribunal decided it was just and equitable to extend time.