In person For the v Ms S Lundy, employee — 2024

The tribunal sat on 18 March 2024 before Employment Judge Quill sitting alone. It accepted that the original claim form contained disability discrimination complaints: a s.15 complaint that the claimant was treated unfavourably because of sickness absence and failure to complete training, and a reasonable adjustments complaint about the requirement to complete a 2-week mandatory training course at fixed hours. It found that nothing else was in the original claim form.

The tribunal found that the claimant's employment ended on 1 February 2023 and that ACAS early conciliation ran from 17 to 19 May 2023, with the claim presented on 19 June 2023. It held that the claim was already about six weeks out of time, rejected the claimant's evidence that she was unaware of tribunal rights and time limits, and concluded that there was no good reason for the delay. It refused to extend time under section 123 of the Equality Act 2010 and dismissed the complaints.

The claimant also made an oral amendment application seeking to add allegations about welfare meetings, consent for medical contact, background checks, suspension, the appeal outcome, and delay in the appeal process. Applying Selkent and the related authorities it cited, the tribunal refused the amendment. It held that the end-of-2022 matters were already out of time and would require additional evidence, and that the appeal allegation was a new cause of action raised many months later. It concluded that it would not be just and equitable to extend time for the proposed amendment and that there was no jurisdiction to hear any of the complaints.