Pascoe v Represented by: Mr D Liguori - Relative Hospedia Limited — 2020

The claimant was employed by Hospedia Ltd as an Area Financial Controller from 14 October 2010 until her resignation effective 11 June 2019. After a restructuring proposed in February 2019, she had consultation meetings in March and on 30 April 2019. The discrimination complaints were based on an alleged remark said to have been made on 30 April 2019 and on an alleged failure to make reasonable adjustments in relation to the new role and lifting requirements.

The tribunal held that the relevant acts occurred on 30 April 2019, so the primary three-month time limit expired on 30 July 2019. ACAS early conciliation was not commenced until 14 August 2019 and the ET1 was not lodged until 17 October 2019, about 2.5 months after the primary limit. The issue was therefore whether it was just and equitable to extend time under section 123 Equality Act 2010.

On the evidence, the tribunal accepted that the claimant had insulin-dependent Type 1 diabetes and that stress and anxiety affected her blood sugar levels, but found on balance that she was mentally and physically capable of completing and presenting the claim within the primary limitation period and afterwards. It relied on the fact that she continued working until resignation, wrote a detailed resignation letter in June 2019, applied for and started a new job, and gave ACAS details of her complaint in August 2019. The tribunal also noted that she had not obtained medical evidence covering the relevant period.

Applying the just and equitable factors, the tribunal found that the delay was not insignificant, that the merits could not be assessed because the claim was disputed and not clearly pleaded as presented, and that the respondent would face prejudice in having to investigate and defend an amended claim. Balancing those factors, the tribunal refused to extend time and dismissed the disability discrimination claims as presented outside the time limit.