Ms M Ritchie v Represented by: Ms K Law, lay representative Whitbread Group plc — 2024

Ms M Ritchie brought a disability discrimination complaint alleging failure to make reasonable adjustments under sections 20 and 21 of the Equality Act 2010. She relied on Spina Bifida and Scoliosis and said she required a wheelchair in daily life. The respondent accepted that she met the definition of disabled under section 6 of the Act.

The hearing was a preliminary hearing on time bar only. The tribunal found that the claim was not presented within the primary three-month limit, calculating that if the alleged failure to make adjustments continued until the claimant's last day of employment on 1 January 2024, she would have had to begin ACAS early conciliation by 29 March 2024. In fact, she began early conciliation on 15 July 2024 and presented her ET1 on 19 July 2024.

Applying section 123(1)(b) Equality Act 2010, and the factors identified in British Coal Corporation v Keeble and DPP v Marshall, the tribunal held that it was just and equitable to extend time. It took account of the claimant's lack of legal representation before presenting the claim, her late receipt of advice from the Citizens Advice Bureau, her focus on the internal grievance process and appeal, the promptness with which she contacted ACAS and presented the claim once she sought advice, the absence of identified prejudice to the respondent, and the claim's apparent potential merit.

The claim was therefore allowed to proceed to a full hearing. No substantive finding was made on whether the respondent had failed to make reasonable adjustments, and no remedy was assessed at this stage.