Raffi v Representing himself NHS Lothian — 2022

The claimant brought claims of unfair dismissal and disability discrimination arising from his dismissal by NHS Lothian. The unfair dismissal claim was withdrawn before the preliminary hearing. The remaining issue was whether the disability discrimination claim, lodged after early conciliation in January 2022 in relation to an effective date of termination of 24 September 2020, was out of time and whether time should be extended on a just and equitable basis.

The tribunal accepted that the claimant had a longstanding back injury and later headaches, and that he corresponded with the respondent, his union, CAB resources, and the Information Commissioner about workplace ventilation and lighting issues. It also accepted that he was genuinely unaware of the tribunal time limit, but found that his explanation for the delay was vague and that the evidence did not show a sufficient reason for waiting until January 2022 to begin early conciliation and lodge the ET1.

Applying section 123 of the Equality Act 2010, and referring to Robertson v Bexley Community Centre and British Coal Corporation v Keeble, the tribunal treated the latest possible date for the alleged discriminatory acts as 24 September 2020. It held that, on the best view for the claimant, the case was about 13 months late. The tribunal found that the length of delay, the lack of a reasonable explanation, the likely prejudice to the respondent's evidence, and the absence of prompt action or adequate steps to obtain advice meant it was not just and equitable to extend time. The disability discrimination claim was therefore dismissed for want of jurisdiction.