Mr J Jeffery (administrator) on behalf of the estate of Sarah-Jane Jeffery v John Lewis plc — 2024

The claimant, as administrator of his late sister's estate, pursued a disability discrimination complaint alleging failure to make reasonable adjustments. At the preliminary hearing the claim was clarified as concerning the respondent's sickness absence management procedure, including fit-note requirements, and proposed adjustments such as contacting the claimant, attempting home contact, using kinder correspondence, seeking expert advice, and extending disciplinary trigger points.

The tribunal held that the first claim had previously been dismissed as a nullity because it was presented before the claimant had standing as administrator. The second claim was presented nearly one year late, but the tribunal found that while some initial delay was blameworthy, the claimant's failure to present a protective second claim before the first was dismissed was understandable given the technical issue of standing.

The tribunal found little evidence that the respondent would be prejudiced by the delay, while refusal to extend time would leave the claimant with no claim. It therefore decided that the claim should not be struck out and that it was just and equitable to extend time for presentation of the claim to 3 May 2023. No finding was made on the substantive reasonable-adjustments complaint.