Claimant v HM Revenue & Customs

Outcome

Facts

The claimant brought disability discrimination claims relating to events between 3 March 2022 and 24 July 2023, primarily concerning the respondent's refusal to grant home working as a reasonable adjustment on 24 July 2023. The claimant appealed on 3 August 2023, with the appeal rejected on 12 September 2023. He lodged a grievance on 10 November 2023. The claimant notified ACAS on 4 December 2023, at least 12 weeks late, believing he could count the time from the appeal outcome. He had trade union advice but no legal advice and did not realise he was out of time.

Decision

The tribunal refused to strike out the claims as out of time, extending time on just and equitable grounds. The judge found no prejudice to the respondent, noting the claim was only 12 weeks late and the respondent was already aware of the complaints through the appeal and grievance. The claimant had a reasonable but mistaken belief about the time limit. The judge also noted the respondent's own delays in handling the reasonable adjustment request and grievance.

Practical note

Legal authorities cited