Mr M Cherrie v Partner Retail Services Limited — 2023

This was a preliminary hearing on limitation and jurisdiction. The claimant brought complaints of disability discrimination and harassment arising between 5 August 2022 and the termination of his employment on 12 February 2023. The tribunal held that, even if the complaint was treated as a continuing act, the last act was 12 February 2023 and the primary three-month time limit expired on 11 May 2023. The claim form was presented on 18 May 2023, seven days late.

The tribunal then considered whether it was just and equitable to extend time under section 123 of the Equality Act 2010. It accepted that the claimant had bipolar depression and that his mental health declined significantly from mid-2022, including suicidal ideation, referral to the Intensive Home Treatment Team, and increased medication in November and December 2022. It also accepted that he had been unaware of the tribunal time limits, that discussing matters with Acas was difficult for him, and that his ignorance of the time limit was reasonable in the circumstances.

In balancing prejudice, the tribunal accepted that the respondent would be prejudiced by having to defend a claim with earliest complaints dating back to August 2022, but noted that the respondent had been on notice from 30 November 2022 when the claimant raised a grievance and said he had started early conciliation. It found that there was no suggestion that witnesses were unavailable and that the cogency of the evidence was unlikely to be materially affected by the short delay. The tribunal concluded that the balance of prejudice favoured the claimant and therefore had jurisdiction to hear the disability discrimination and harassment complaints.