Mrs V Wilson v Greater Pollock Citizens Advice Bureau — 2019

This preliminary hearing concerned two issues: whether the disability discrimination claim was out of time, and whether the claimant was disabled within the Equality Act 2010. The tribunal recorded that the unfair dismissal claim was accepted by the respondent as being in time and could proceed separately.

The tribunal found that the discrimination complaint was out of time. It held that the main alleged discriminatory act was the decision made in November 2015 about the location of the claimant’s desk. That decision had continuing consequences for the claimant, but was not treated as a continuing act. On that basis the time limit started to run in November 2015. The tribunal also said that, even if the matter were analysed as a continuing act, it ceased when the claimant was no longer at work from July 2016 onwards.

The tribunal then considered whether it was just and equitable to extend time. It took into account the claimant’s knowledge of employment tribunal rights through her role as a volunteer adviser at Citizens Advice Bureau, her awareness of ACAS and tribunal time limits, her depression and anxiety, and the steps she took after November 2016 to find legal representation and begin ACAS early conciliation. It also noted that she had been able to pursue a grievance, disciplinary process and appeal during the relevant period.

Balancing those matters, the tribunal was not persuaded that it was just and equitable to extend time. It therefore held that the disability discrimination claim was time-barred and at an end. Because of that conclusion, it did not need to decide whether the claimant was disabled at the relevant time.