Ms J O’Neill (McKenzie Friend). For the v Respondent — 2021

The claimant presented claims of unfair dismissal, breach of contract, disability discrimination, age discrimination, and pregnancy/maternity discrimination on 6 April 2020. At this preliminary hearing, the tribunal first dealt with limitation and disability status. It recorded that the last alleged age and pregnancy/maternity acts occurred in August 2017, more than two years before the claims were brought, and that the claimant had already received CAB advice in September 2017 about time limits and the need to raise a grievance or contact ACAS.

Applying section 123 Equality Act 2010 and the just and equitable discretion, the tribunal refused to extend time. It relied on the length of the delay, the fact that the claimant had early advice about discrimination claims and time limits, the absence of written grievances, and the prejudice to the respondent from having to meet allegations several years after the events when relevant witnesses had left employment. It therefore dismissed the age discrimination claims and the pregnancy/maternity discrimination claims as out of time.

On disability, the tribunal accepted that the claimant had a mental impairment involving stress and anxiety, but it found that she had not shown a substantial and long-term adverse effect on normal day-to-day activities as at 23 December 2019. It considered the medical records, the claimant's evidence about work, childcare, shopping and socialising, and held that the burden of proving disability under section 6 Equality Act 2010 had not been met. The later diagnosis in November 2020 did not determine the position at the date of dismissal, so the disability discrimination claim was dismissed.

The separate unfair dismissal and breach of contract claims were not determined at this hearing. The tribunal ordered that they would proceed to a further hearing on 1 and 2 November 2021, with the remaining two listed days vacated.