Mr S McCaffrey v Represented by: Mr J Lawson - Solicitor The Chief Constable of — 2024

Mr McCaffrey, a police staff Controller and conceded disabled person, applied for appointment as a probationary police constable. He received a provisional offer on 18 October 2019, but after a medical assessment Dr Ahmed wrote on 19 February 2020 that a two-year period of good mental health without treatment was required before he would be considered suitable, and the offer was withdrawn. The claimant’s complaints under sections 13, 15, 19 and 20 of the Equality Act 2010 all arose from that withdrawal.

The tribunal held that time started to run at the latest on 19 February 2020 and that the three-month limit expired on 18 May 2020. The claim was not presented until 4 August 2023, more than three years late. The claimant was found to have genuinely believed that no time limit applied and that he needed a solicitor to bring a claim, but he also knew soon after the withdrawal that some form of legal challenge might be possible and took no steps to investigate time limits within the limitation period or for years afterwards.

Applying the just and equitable test under s.123(1)(b), the tribunal accepted that the complaints disclosed triable issues and that much of the key documentary evidence appeared to remain available. It also accepted that the claimant acted promptly once he learned of the time limit in August 2023. However, it found his belief that no time limits applied was not reasonable for an intelligent and resourceful person with internet research skills, and it placed significant weight on the very substantial delay, the importance of legal certainty, and the risk that witnesses’ recollections would be less fresh. The tribunal therefore refused to extend time and dismissed the claim for lack of jurisdiction.