Claimant v The Press Association Limited
Outcome
Individual claims
Claim struck out as time-barred. Tribunal found the claim was submitted approximately 7 months late. Time started to run in January/February 2024 when respondent acted inconsistently with making the adjustment by continuing varied shift patterns after claimant's request. Tribunal declined to extend time on just and equitable grounds, finding inadequate reasons for delay, potential prejudice to cogency of evidence, and that claimant did not act promptly despite being aware of her rights and having union representation.
Facts
Claimant was a journalist employed by respondent from August 2023, with disclosed disabilities of narcolepsy and cataplexy. She worked varied shift patterns which she contended put her at substantial disadvantage. Around January/February 2024 she requested a fixed shift pattern as a reasonable adjustment. Respondent continued rostering her on varied shifts until August 2024 when they implemented the fixed pattern. Claimant raised a grievance in September 2024, commenced ACAS early conciliation on 30 September 2024, and filed her tribunal claim on 17 January 2025.
Decision
The tribunal struck out the claim as time-barred and declined to extend time on just and equitable grounds. Time began running in January/February 2024 when the respondent acted inconsistently with making the adjustment by continuing varied shift rotas after the claimant's request. The claim was therefore approximately 7 months late. The tribunal found inadequate reasons for the delay, noting that the union's admitted administrative error in January 2025 had no causative effect as the claim was already time-barred by then.
Practical note
When time starts running in failure to make reasonable adjustments claims depends on whether the employer does an act inconsistent with making the adjustment (s.123(4)(a)) — continuing to impose the disadvantageous PCP after a request for adjustment is such an inconsistent act, even if the adjustment is later granted.
Legal authorities cited
Statutes
Case details
- Case number
- 8000150/2025
- Decision date
- 30 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- media
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Journalist
Claimant representation
- Represented
- Yes
- Rep type
- barrister