A Kemp (sitting alone) Mr Jamie Robertson v Represented by Ms R Shearer Sister Grampian Health Board — 2019

The tribunal heard a preliminary issue on whether Mr Jamie Robertson was a disabled person under section 6 of the Equality Act 2010 and, if so, whether his discrimination claim could proceed despite early conciliation having been started out of time. It found that he had ADHD, diagnosed on 19 December 2017, and accepted that the condition involved symptoms including racing thoughts, poor concentration, poor memory, poor problem solving and serious sleep disturbance. On that basis, the tribunal held that he satisfied the statutory definition of disability.

The tribunal then considered time limits under section 123 of the Equality Act 2010. It accepted that early conciliation was not started until 4 July 2018, around 20 days after the three-month period had expired. In addressing whether it was just and equitable to extend time, the tribunal referred to authorities including Kapadia, Goodwin, Robertson v Bexley Community Centre, British Coal v Keeble, Southwark LBC v Afolabi, Abertawe Bro Morgannwyg University LHB v Morgan and Rathakrishnan, and weighed the length and reasons for the delay, prejudice to the respondents, and the claim's prospects.

The tribunal accepted that the claimant had been affected by his condition and that he said he was focusing on his mental health, including after starting medication on 9 May 2018. However, it also noted that he had been told on 30 April 2018 about the tribunal time limit and ACAS, had started a new job on 11 June 2018, and completed a first ET1 on 13 June 2018. It found that these matters showed he was capable of taking steps to pursue a claim and that the respondents would be prejudiced by having to investigate an unparticularised claim more than a year after the events. The tribunal concluded that it was not just and equitable to extend time and dismissed the claim for want of jurisdiction. No monetary award was made.