Mr G Docherty v Royal Mail Group Limited — 2021

The tribunal found that the claimant was summarily dismissed by letter received on 22 August 2019 and presented his claim on 10 December 2019. He knew of Employment Tribunals and of the right to claim unfair dismissal while the claim was still in time, but did not check the applicable time limits while focusing on his appeal and finding other work. The tribunal concluded that it was reasonably practicable for him to have presented the unfair dismissal claim in time, so that claim was dismissed.

For the Equality Act claims, the tribunal accepted that the claims were out of time but found it was just and equitable to allow them to proceed to the preliminary issue of disability status. The delay was not long, the cogency of evidence was unlikely to be affected, and the prejudice to the claimant if the claims were not heard was weighed against the respondent's position, although the tribunal found the claimant had acted unreasonably by not checking time limits.

On disability status, the tribunal accepted that the claimant had physical impairments, including osteoarthritis affecting his left knee and lower back and reactive arthritis, with long-term adverse effects. However, it found that the evidence did not show a substantial adverse effect on normal day-to-day activities at the relevant time, especially given the effect of medication and the lack of evidence about what would happen without it. The tribunal also considered whether the condition was progressive, but found insufficient evidence that it was likely to result in a substantial adverse effect on normal day-to-day activities. The disability discrimination and harassment claims were therefore dismissed.