In Person For the v Ms Jennings — 2019

The tribunal heard the claimant's evidence, together with GP, physiotherapy and occupational health material, on whether his back pain amounted to a disability. It accepted that he experienced back pain and that it affected his day-to-day activities for a period from February 2016 until mid-December 2016, but found that the evidence did not show a substantial adverse effect before February 2016 or after mid-December 2016. It also found that the claimant had not shown that any earlier episode of back pain, or any later recurrence, was likely to produce the substantial adverse effect required by the Equality Act 2010. On that basis, the disability discrimination claim was dismissed because the claimant was not a disabled person within s.6 Equality Act 2010.

The marriage discrimination claim concerned an alleged comment made during a visit to Southampton offices in or around June 2017. The tribunal held that the alleged act was a single incident occurring more than three months before the claim form was presented, even allowing for the claimant's case that he only learned later that the role would not be offered. It found no reasonable excuse for the delay, noted the passage of time and prejudice to the respondent, and decided that it was not just and equitable to extend time under s.123 Equality Act 2010. The tribunal therefore dismissed the marriage discrimination claim as out of time.

The judgment did not determine the claimant's remaining claims for unfair dismissal, wrongful dismissal and unpaid holiday entitlement. Those claims were directed to proceed to a final hearing listed for 14 April 2020.