Mrs S Cannon v Represented by: Mr M Cannon – Husband South Lanarkshire Council — 2023

Mrs S Cannon brought a claim of disability discrimination by association arising from the respondent's handling of special leave after her son was diagnosed with a life-threatening illness in August 2021. The respondent accepted that the claimant's son was a disabled person for the purposes of section 6 of the Equality Act 2010. This hearing was limited to whether the claim had been presented in time under section 123 of the Equality Act 2010.

The tribunal found that the act complained of was the fieldwork manager's decision not to exercise discretion to extend special leave beyond the six-week period. On the basis of that act, a timely claim should have been presented by 3 January 2022, so the claim was out of time. The tribunal rejected the argument that there had been conduct extending over a period: it considered the decision to be a one-off act, and did not treat the later grievance process as a reconsideration or review of that decision.

The tribunal then considered whether it was just and equitable to extend time. It accepted that the claimant had sought advice from her trade union representative, was guided towards the grievance process, engaged in ACAS early conciliation, and understood that her representative or the union solicitors might deal with the claim. It also took into account the claimant's stress and anxiety, her ongoing caring responsibilities, and the absence of evidence that the delay had affected the cogency of the evidence or caused material prejudice to the respondent. It therefore allowed the claim to proceed. The judgment states that the findings were limited to the preliminary issue and did not bind any future tribunal dealing with the merits.