Ms Laura Mackenzie v Represented by:10 Mr J Lawson - Solicitor The Chief Constable of the Police — 2023

Ms Laura Mackenzie brought disability discrimination claims against the Chief Constable of the Police Service of Scotland arising from the withdrawal of a provisional offer to appoint her as a probationary police constable. The offer had been made on 7 November 2019, but after a medical assessment on or about 6 December 2019 the respondent's Force Medical Adviser relied on the respondent's mental health standards and withdrew the offer by letter dated 10 December 2019. The claimant's ET1 alleged discrimination under sections 13, 15, 19 and 20/21 of the Equality Act 2010.

The tribunal dealt only with limitation. It held that the claims were presented outside the ordinary three-month period, but accepted the respondent's concession that time began to run at the latest on 8 April 2020, when the claimant received the Force Medical Adviser's letter. Applying the just and equitable discretion under section 123 of the Equality Act 2010, the tribunal accepted the claimant's evidence that she did not know there was a time limit, that she had been trying to obtain advice, and that she acted promptly once she saw a newspaper article in October 2022 that mirrored her own circumstances.

In deciding whether to extend time, the tribunal referred to Robertson, Miller, British Coal v Keeble, Southwark v Afolabi, Hunwicks and Kumari. It treated the length of delay as substantial, but found the explanations for the delay persuasive and considered the respondent would not suffer material additional prejudice because the central issue was the operation of its medical guide and the relevant documents were contemporaneous. The tribunal also considered there was at least a triable issue on the merits. It therefore held that the claims were within such time as was just and equitable and that it had jurisdiction to hear them, with a further case management hearing to be listed to address disability.