Claimant v Whitbread Group Plc

Outcome

Facts

The claimant was a receptionist with multiple sclerosis who had been off work since December 2021. She contended she had been fit to return to work with reasonable adjustments from August 2023, but the respondent delayed implementing agreed adjustments (transfer to York, reduced hours from full-time to 16 hours per week, no bedroom cleaning, phased return). On 15 March 2024 the respondent confirmed the adjustments in writing. The claimant eventually returned to work on 25 June 2024 after logistical arrangements including accrued holiday were resolved. She claimed failure to make reasonable adjustments and loss of earnings for the period when she says she could have worked.

Decision

The tribunal found the claim was out of time by approximately 4.5 months (last discriminatory act 18 March 2024, time expired 17 June 2024, claim filed 4 November 2024). However, the judge exercised discretion to extend time under the just and equitable test, finding the claimant had relied on union and solicitor advice, the delay was not her fault, she had an arguable case, and the respondent would suffer no forensic prejudice. The claim may proceed to a full merits hearing.

Practical note

Legal authorities cited