Claimant v RAD Group Limited
Outcome
Individual claims
Preliminary hearing determined that the claim was out of time but just and equitable to extend time limit. The tribunal found the claimant was disabled by virtue of anxiety and depression from July 2022 throughout the relevant period (August 2022 to mid-February 2023). The claim can proceed to full hearing.
Preliminary hearing determined that the claim was out of time but just and equitable to extend time limit. The tribunal found the claimant was disabled by virtue of anxiety and depression from July 2022 throughout the relevant period (August 2022 to mid-February 2023). The claim can proceed to full hearing.
Facts
The claimant brought claims of direct disability discrimination and discrimination arising from disability against RAD Group Limited and two individual respondents. The claims related to events occurring between August 2022 and mid-February 2023. The claimant also claimed to be disabled by virtue of colitis, but this condition only met the disability definition from September 2023 onwards, after the relevant period.
Decision
This was a preliminary hearing on time limits and disability status. The tribunal found the claims were presented out of time but extended the time limit on just and equitable grounds. The claimant was found to be disabled by virtue of anxiety and depression from July 2022 throughout the relevant period, so the discrimination claims can proceed. The colitis claim failed as the condition only became a disability after the relevant events.
Practical note
Even where disability discrimination claims are out of time, tribunals may extend time limits if just and equitable, and will carefully examine medical evidence to determine when a claimant became disabled and whether this covers the relevant period of alleged discrimination.
Legal authorities cited
Statutes
Case details
- Case number
- 3311126/2023
- Decision date
- 3 July 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No