Claimant v The Highland Council — 2024

This was a preliminary hearing about jurisdiction and time limits, not a final decision on liability. The claimant had been dismissed on ill-health capability grounds after a period of absence connected with osteoarthritis and related pain. The respondent conceded that the claimant was disabled at the relevant time. The claimant presented her tribunal claim on 9 January 2024, well outside the primary time limit for unfair dismissal.

For unfair dismissal, the Tribunal accepted that the claimant did not reasonably believe she had grounds for a claim until she received the independent registered health practitioner's report dated 20 November 2023. The Tribunal found that the report identified workplace adjustments that should have been investigated, including assistive technology, ergonomic equipment, workstation changes and changes in work organisation. The Tribunal accepted that this information genuinely and reasonably changed the claimant's belief about whether she had a viable claim, and that she acted promptly afterwards by contacting ACAS, obtaining advice and lodging her claim.

For the Equality Act complaints, the claimant alleged discrimination arising from disability, failure to make reasonable adjustments and victimisation. The Tribunal held that at the preliminary stage the claimant had an arguable basis for saying the allegations were linked as conduct extending over a period, culminating in receipt of the appeal outcome report. The Tribunal did not determine whether the discrimination allegations were well founded, and noted that time bar might require further consideration at the final hearing depending on the findings made there.