Ms Janet Carroll v Meallmore Limited — 2022

Ms Janet Carroll presented an ET1 on 18 January 2022 alleging disability discrimination against Meallmore Limited. The tribunal treated the case as a disability discrimination complaint arising from a grievance raised by Rosemary Fyfe in November 2019 and the claimant's subsequent concerns about how that grievance was handled. It accepted that Ms Carroll said the grievance affected her mental health, that she later sought changes to her duties, and that she resigned from her role as staff nurse at Belleaire House on 6 June 2021.

The tribunal found that the claimant had discussed a possible employment claim and time limits with Jim McCourt or his colleague, and separately with lawyer friends, during June or July 2021. It also found that she began early conciliation with ACAS on 11 November 2021 after her separate stress claim was rejected by insurers. Applying section 123 of the Equality Act 2010 and the authorities it cited, including Robertson v Bexley Community Centre, British Coal Corporation v Keeble, Southwark London Borough Council v Afolabi and Lupetti v Wrens Old House Ltd, the tribunal held that the discrimination complaint was out of time and that it was not just and equitable to extend time.

In reaching that conclusion, the tribunal considered the length and reasons for the delay, the claimant's understanding of the position, and prejudice to the respondent. It accepted that prejudice to the respondent from stale evidence would be only marginal, but found that the claimant knew there was a time limit for an employment claim, had no explanation for waiting until January 2022 to present the ET1, and had delayed while waiting for the outcome of the separate insurer investigation. The tribunal therefore held that it had no jurisdiction to determine the discrimination claims and dismissed them.