In person For the v Respondent — 2020

This was a preliminary hearing only. The claimant sought an extension of time for a disability discrimination claim under section 39 of the Equality Act 2010 arising from the withdrawal of a job offer by the respondent after occupational health advice linked to her epilepsy. The claim form was presented on 14 October 2018, outside the primary time limit, so the tribunal had to decide whether it was just and equitable to extend time.

Applying section 123 of the Equality Act 2010, Employment Judge Hyams referred to the authorities in Caston, Keeble and Schultz and focused mainly on the reasons for the delay and the effect of delay on the evidence. The claimant gave evidence that after confirmation of the withdrawn offer in February 2018 she experienced a marked deterioration in mental health, had seizures in April and May 2018, and by August 2018 had a GP record of mixed anxiety and depressive disorder. The medical notes recorded tearfulness, low confidence, not wanting to leave the house, and later gradual improvement, though the past issues were still described as lingering.

The tribunal accepted the claimant's oral evidence that she believed ACAS was dealing with the matter until October 2018, did not realise that further action was required, and acted immediately once she discovered that she had already received the relevant ACAS communication. Although the respondent argued that the claim lacked merit and that the delay prejudiced its position, the tribunal found the claimant's explanation for the delay to be accurate and held that any prejudice to the respondent was not enough to refuse an extension. Time was therefore extended and the tribunal held that it had jurisdiction to hear the disability discrimination claim.