Mr A Sherriff v Stirling Council — 2025

The claimant brought disability discrimination complaints. At this preliminary hearing the tribunal considered whether three identified matters from late 2020, concerning a facemask/lanyard, alleged lack of support, and a book issue, were in time or formed part of a continuing act with the later prescription medication issue. The respondent accepted that the prescription medication issue, first raised in June 2022, was at least arguably a continuing act, but disputed that the earlier matters were linked to it.

The tribunal decided that the three identified matters were not part of a continuing act. They occurred between October and December 2020 and were not sufficiently linked in subject matter, time, or personnel with the prescription medication issue. The tribunal therefore treated them as lodged more than three years out of time.

On the just and equitable extension question, the tribunal considered the length and reasons for delay, the effect on evidence, the claimant's knowledge of the facts and time limit, advice available to him, prejudice to the parties, and the timing of the claim. It accepted that the claimant had mental health issues but found that these did not explain the full period of delay. It concluded that, taking the relevant factors cumulatively, it was not just and equitable to extend time, so the tribunal lacked jurisdiction to hear the three identified claims. The prescription medication claims were left to proceed to a final hearing.