Mr T Polley v MPK Garages Limited — 2023

This was a preliminary hearing on limitation and jurisdiction, not a merits judgment. For the claimant’s automatic unfair dismissal complaints, the tribunal found that the primary time limit ended on 17 March 2021, that it was not reasonably practicable to present the complaints within that time, and that it became reasonably practicable to do so on or about 30 June 2021. Because the complaints were presented on 22 August 2021 within a reasonable time after that date, the tribunal held that it had jurisdiction over them.

The tribunal also dealt with the disability discrimination complaints. It found that the last act of disability discrimination alleged was the dismissal on 18 December 2020, so the primary three-month time limit ended on 17 March 2021. The tribunal held that it was just and equitable to extend time for presentation of that complaint to 22 August 2021 and therefore had jurisdiction. It further held that, so far as any other disability discrimination claims were not part of an act extending over a period linked to dismissal, time should also be extended to 22 August 2021.

The respondent conceded, without prejudice to its position on knowledge of the disability and its effects, that the claimant was disabled within section 6 of the Equality Act 2010 because of dyslexia, described in the judgment as a learning disability. No monetary award was made because the judgment was limited to preliminary issues and did not determine liability on the substantive claims.