E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100114/20205 Held on February 2022 Employment Judge N M Hosie Mr R Hyder v No Appearance Grampian Health Board — 2022

At the preliminary hearing on 28 February 2022, the claimant did not attend after his postponement application had been refused. The tribunal proceeded in his absence, taking account of the history of prior adjournments, the respondent's objection, and the overriding objective, and decided the issues on the pleadings, documents and written submissions.

The disability discrimination claim was treated as a complaint of failure to make reasonable adjustments. The tribunal found that the duty arose in August 2018 when occupational health and Access to Work adjustments were identified, but ended on 30 November 2018 when the claimant was suspended and could not return to work, so any adjustment could not achieve its purpose. Applying section 123 of the Equality Act 2010, the tribunal held that the early conciliation process and claim form were brought about nine months out of time. It then refused to extend time on a just and equitable basis, relying on the length and reasons for the delay, the claimant's awareness of the issue, the absence of evidence that illness prevented a timely claim, the availability of advice, and prejudice and evidential concerns.

The unfair dismissal claim was struck out because the tribunal concluded that it had no reasonable prospect of success. On the material before it, the respondent had dismissed the claimant for conduct, relying on allegations that he worked for the Wood Group while on sick leave, worked for a third party while stating that he was unfit to work for the respondent, and gave inconsistent accounts about annual leave and contact with the Wood Group. The tribunal held that those documents were enough to conclude that the dismissal fell within the band of reasonable responses. It also noted that the MPTS had found misconduct and serious dishonesty, which reinforced that conclusion, and it recorded that an intimated holiday pay issue was left unresolved pending clarification from the parties.