Claimant v Law Commission
Outcome
Individual claims
This was a preliminary hearing to determine disability status and time limits only. The tribunal found the claimant was disabled and the claim was in time (or time should be extended). The merits of the reasonable adjustments claim have not yet been determined.
Facts
Claimant applied for a research assistant role with the Law Commission in January 2024 and requested reasonable adjustments for her visual impairment (PIC) including 25% extra time, lilac paper and ability to wear sunglasses. Despite her requests, she was not provided with adjustments and failed the situational judgement test on 5 February 2024. She engaged with the respondent and their recruitment agency until 13 February 2024 when she was told no reset would be permitted. She commenced ACAS early conciliation on 7 May 2024 and filed her claim on 23 July 2024.
Decision
The tribunal found that the claimant was a disabled person within the meaning of the Equality Act 2010 due to her Punctate Inner Choroidopathy which substantially impaired her ability to use computers and read. The tribunal determined the claim was in time as the relevant act occurred on 13 February 2024, and even if out of time it was just and equitable to extend given the short delay, technical difficulties in filing, and no prejudice to the respondent. The claim can proceed to a full merits hearing.
Practical note
When assessing time limits in failure to adjust cases, tribunals will look at when the employer definitively communicated their refusal to make adjustments, not necessarily when the disadvantage first occurred, particularly where the employer gave the claimant reason to believe adjustments were still under consideration.
Legal authorities cited
Statutes
Case details
- Case number
- 6006473/2024
- Decision date
- 23 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Law Commission
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Research Assistant applicant
Claimant representation
- Represented
- Yes
- Rep type
- barrister