Mr M Orton (Friend). For the v Mr M Briggs (Solicitor). — 2019

This was an open preliminary hearing before Employment Judge Postle. The first issue was whether the claimant was disabled within the meaning of s.6 Equality Act 2010. Applying the usual four questions identified by the EAT, the tribunal accepted that the claimant had a mental impairment for a short period, but found the evidence showed only a limited effect on normal day-to-day activities and no substantial or long-term adverse effect. It noted the absence of a formal diagnosis and that by late February 2018 the claimant was able and fit to return to work. The tribunal therefore held that the claimant was not disabled within s.6.

The second issue concerned the claimant’s sex discrimination and harassment complaints against Mr David Edwards, said to have occurred between May/June 2017 and October 2017. The tribunal applied the just and equitable time-limit discretion under s.123(1) Equality Act 2010, referring to Robertson v Bexley Community Centre and the Keeble factors. It found there was no cogent explanation for the length of the delay, that the claim was not presented until 23 April 2019, and that the explanation that the claimant remained employed and feared retribution was not accepted. The tribunal also noted that the claimant appears to have taken no steps to ascertain her rights until around December 2018.

The tribunal therefore refused to extend time for the sex discrimination and harassment claims and held that it had no jurisdiction to hear them. The judgment records that the claimant’s ordinary unfair dismissal claim remained to proceed to a full merits hearing, with case management orders made separately.