In person (with assistance from his partner Ms Smith) For the v Respondent — 2018

The claimant worked for 16 years as a ground maintenance person at St Pancras & Islington cemetery. Two colleagues raised serious concerns about him on 19 January 2018, he was suspended on 22 January 2018, he raised a grievance on 1 February 2018, and after disciplinary proceedings he was dismissed with effect from 12 July 2018. He appealed on 16 July 2018, and the claim for unfair dismissal, disability discrimination and holiday pay was presented on 31 October 2018.

For the unfair dismissal and holiday pay complaints, the tribunal accepted that the claimant had significant disadvantages, including severe hearing loss, and that Ms Smith and others assisted him with the paperwork. It also accepted that Ms Smith only learned about the time limit from ACAS on 31 October 2018 and that the claim was then lodged immediately. However, the judge held that the claimant and those helping him were not ignorant of the right to bring a claim, so it was not shown that presenting the unfair dismissal and unlawful deduction of wages claims in time was not reasonably practicable.

The disability discrimination complaint was treated differently under the just and equitable test in section 123 of the Equality Act 2010. The judge found the delay was short, about 20 days, that there was no material prejudice to the respondent, that the claimant and Ms Smith had tried to obtain advice, and that there appeared to be little or no question that the claimant met the Equality Act definition of disability. Time was extended for that complaint to proceed, and a further case management preliminary hearing was to be arranged.