In person For the v Mr Brett, Solicitor. — 2019

This was a preliminary hearing in Mr L Fellas’s disability discrimination claim against Great Yarmouth Borough Council. The complaint related to the notification on 3 October 2017 that he had been unsuccessful in obtaining the position of Multi-Disciplinary Enforcement Officer. The Tribunal recorded that the claim was not issued until 14 July 2019, outside the three-month time limit calculated from the act complained of, subject to any early conciliation extension.

The Tribunal considered whether to extend time under the just and equitable principles in section 123 of the Equality Act 2010. It referred to Robertson v Bexley Community Service [2003] and noted that the burden was on the claimant to justify an extension, with no presumption that time should be extended. The Tribunal treated extension as an exception rather than the rule and said the discretion had to be exercised carefully.

In deciding the issue, the Tribunal accepted that the claimant had mental health problems and had read a short report from his psychiatrist relating to his admission to Northgate Mental Hospital around November or December 2018. It also noted, however, that he had previously held jobs in the housing sector and with the respondent despite those difficulties. The Tribunal found that after the October 2017 decision he could have pursued a claim, and it relied on the fact that he made a subject access request, took Acas advice, later sought advice from Norfolk Community Law, and was able to file his claim online.

The Tribunal also considered prejudice to the respondent, including the effect of delay on witnesses’ memories and the fact that relevant personnel had moved on. Although it expressed sympathy for the claimant, it was not persuaded that it would be just and equitable to extend time. The result was that time was not extended and the disability discrimination claim did not proceed.