Mrs J Kerr v Fife Council — 2019

The claimant alleged disability discrimination in relation to matters including changes to her working pattern, the respondent's handling of her health and absence, a request to reclassify absence and pay, counselling, and alleged failures to provide support. The Tribunal treated the preliminary issue as whether the ET1 had been presented in time.

The Tribunal found that the matters complained of were completed by around November or December 2018 at the latest, and rejected the argument that the claimant was still subject to an ongoing continuing act. Because the claim form was not submitted until 14 May 2019, it was outside the primary three-month limitation period.

On the just and equitable extension issue, the Tribunal accepted that the claimant's ill health was a relevant factor and that her mental health was poor for at least part of the period. It also took account of the claimant having been represented by her union and solicitors, the respondent's understanding that proposals made through early conciliation had resolved the matter, the delay after the claimant was told proceedings would not be raised, and the balance of prejudice. The Tribunal decided not to extend time, so the disability discrimination claim was dismissed for lack of jurisdiction.