Ms Lisa Mullen v The City of Edinburgh Council — 2025

The Tribunal considered whether it had jurisdiction to hear a disability discrimination claim presented on 19 February 2025, after the three-month period from the alleged acts of discrimination connected with the claimant's employment ending on 30 June 2024. The respondent did not contest time bar and asked the Tribunal to decide the issue on the claimant's evidence from the preliminary hearing.

The Tribunal accepted the claimant's uncontested evidence that, until around 10 February 2025, she had been advised by employees of the respondent, including employees connected to Human Resources, that she needed to know the outcome of her grievance before presenting a claim. The grievance outcome was given on 17 February 2025, and the respondent was aware during this period that the claimant had contacted ACAS and intended to bring a claim.

The Tribunal concluded that it was just and equitable under section 123(1)(b) of the Equality Act 2010 to extend time to 19 February 2025. It found that the prejudice to the respondent was limited and would not materially affect its ability to defend the claim, while refusing an extension would deny the claimant the opportunity to bring the claim. The Tribunal therefore held that it had jurisdiction to consider the disability discrimination claim.