Ms E Black v Takepayments Limited — 2023

At the preliminary hearing on 5 December 2023, Employment Judge A Kemp considered a disability discrimination claim brought by Ms E Black against Takepayments Ltd under sections 13, 15, 19, 20, 21, 26 and 27 of the Equality Act 2010. The respondent did not concede disability. The tribunal noted that at an earlier preliminary hearing the claimant had accepted that her claim form lacked specification, and the tribunal had made orders requiring particulars and documents to be provided before the hearing.

The claimant then sought to add the appeal hearing and appeal decision as part of the alleged discriminatory conduct. The tribunal treated that as an application to amend and refused it. Applying the Selkent line of authority and related cases, it held that the proposed amendment was vague, materially different from the pleaded claim, and well out of time. It also found no proper basis to treat the appeal as conduct extending over a period for section 123 purposes.

On limitation, the tribunal held that the dismissal took place on 29 March 2023, so early conciliation should have been started by 28 June 2023. It was not started until 26 July 2023, and the claim was presented on 28 August 2023. The tribunal accepted that the claimant had significant stressors and was likely a disabled person by reason of her physical impairments, but it found no sufficient explanation for the delay, noted inconsistencies in her evidence about advice from ACAS, Citizens Advice and her union, and found no medical evidence showing that she had been unable to act. It also held that the pleadings and evidence did not identify any PCP, harassment, or protected act with enough clarity to assess the merits, so it refused a just and equitable extension and dismissed the claims for want of jurisdiction.