Ms J Sharkie v Represented by: Ms L Neil - Solicitor Teleperformance Ltd — 2019

This was a preliminary hearing on whether Ms J Sharkie’s disability discrimination claim, presented on 25 August 2017 after dismissal on 3 March 2017, was out of time. The ordinary limitation period expired on 2 June 2017. The tribunal therefore had to decide whether it was just and equitable under section 123(1)(b) of the Equality Act 2010 to extend time so that the claim could be heard.

The tribunal accepted evidence from Mr Gerard McMahon and a medical report from Dr Alison Thom that the claimant had suffered serious mental health difficulties since 2009, including a diagnosis of schizoaffective disorder. It found that her condition was generally managed by medication but could deteriorate significantly when she did not take it, and that during periods of ill health she could become isolated, aggressive and paranoid. The tribunal accepted that from the time she told Mr McMahon she had been dismissed until late July or early August 2017, her mental state was very poor and this was a substantial barrier to presenting a claim within time.

The tribunal also accepted that the claimant had a background in human resources, had identified a possible discrimination claim during the appeal process, and had access to legal advice through her stepfather. It took account of the delay, the potential effect on witness recollection, and the respondent’s arguments that the claim could and should have been lodged earlier. Applying the factors discussed in British Coal Corporation v Keeble, the tribunal concluded that the mental health difficulties outweighed the other factors and that the delay would not cause significant prejudice.

The tribunal did not decide the underlying discrimination allegations at this hearing. Its conclusion was limited to jurisdiction: it extended time and held that it had jurisdiction to consider the disability discrimination claim at a further preliminary hearing to deal with case management issues.