Mr P Hollocks v Industrial Water Jetting Systems Limited — 2018

Mr Hollocks presented a claim form dated 6 March 2019 alleging unfair dismissal and disability discrimination against Industrial Water Jetting Systems Limited. The respondent objected that the claims were out of time, so the tribunal converted the hearing into an open preliminary hearing to decide whether the claims should be struck out. The tribunal calculated that the claims were issued a month and a day after the final limitation date it identified.

For the disability discrimination claim, the tribunal applied the just and equitable test under section 123(1) of the Equality Act 2010 and referred to the guidance in Cohan, British Coal v Keeble, Abertawe Bro Morgannwg University Local Health Board v Morgan, Robertson v Bexley Community Services, and Chief Constable of Lincolnshire v Caston. It accepted that Mr Hollocks had lymphadenopathy, that his medication made him tired and drowsy, and that he had suffered two cycling accidents after dismissal. Those matters, together with the short delay and the limited prejudice identified, led the tribunal to extend time.

For the unfair dismissal claim, the tribunal applied the reasonably practicable test in section 111(2) of the Employment Rights Act 1996, referring to Porter v Bandridge Ltd and Palmer v Southend Borough Council. It accepted Mr Hollocks's evidence that his medical condition, medication, and the effects of the two accidents meant he was not capable of doing almost anything and was not capable of presenting the tribunal claim in time. The tribunal therefore held that the unfair dismissal claim could also proceed.

No liability findings on the merits were made at this hearing, and no remedy was awarded. The judgment states that the tribunal's analysis of the issues and case management orders would be set out in a separate document.