Mr N A Santos-Davila v St Mungo Community Housing Association — 2023

The Tribunal held that Mr N A Santos-Davila presented his unfair dismissal claim outside the primary limitation period. It found that it had been reasonably practicable for him to comply with the time limit, that the test in section 111(2)(b) Employment Rights Act 1996 was not satisfied, and that time would not be extended. The unfair dismissal claim was therefore dismissed for lack of jurisdiction.

The Tribunal also held that the disability discrimination claim had been presented outside the primary limitation period, but found that it was just and equitable to extend time under section 123(1)(b) Equality Act 2010. That claim was therefore permitted to proceed to a final hearing, rather than being finally determined in this judgment.

The respondent conceded that the claimant was disabled by reason of depression during the relevant period. The Tribunal found that the claimant satisfied the definition of disability in section 6 Equality Act 2010 by reason of anxiety and depression, but was not satisfied that he was disabled by reason of Avoidance Personality Disorder, Autistic Spectrum Disorder, PTSD, Borderline Personality Disorder, Dependent Personality Disorder or Obsessive Compulsive Personality Disorder. No remedy was awarded in this judgment.