Mr Kenneth Andrew Munro v Western Buses Ltd t/a Stagecoach West Scotland — 2026

Mr Kenneth Andrew Munro applied for a trainee bus driver role with Western Buses Ltd t/a Stagecoach West Scotland and was interviewed on 17 February 2025. He was told by email about two weeks later that he had not been appointed. He later obtained material through a subject access request in March 2025 and came to the view that, if adjustments had been made at interview in relation to his autism spectrum condition, he might have been successful.

At this hearing the tribunal considered only limitation. It found that the alleged acts of discrimination occurred either at the interview on 17 February 2025 or when Mr Munro was informed in late February 2025 that he had not been successful. On that basis, the ordinary three-month time limit expired on 16 May 2025 or at the end of May 2025. The ET1 was not presented until 9 October 2025, and Early Conciliation did not extend time because it began on 2 October 2025, after the ordinary time limit had already expired.

The tribunal accepted that Mr Munro had researched his rights online and through neurodiversity groups, and it took account of the fact that his condition could affect his ability to engage with formal processes. It found, however, that he had not given clear evidence of when he learned of his right to bring a claim or of the time limit, or of what steps he took and when. It also found that the delay had prejudiced both sides because recollections had faded, particularly on what was said at interview and what the interviewer knew or should have inferred.

Applying the just and equitable discretion under section 123 of the Equality Act 2010, and weighing the length and reasons for delay against the prejudice to both parties, the tribunal concluded that it was not just and equitable to allow the claim to proceed out of time. The claim was therefore dismissed without any merits determination or remedy award.