Cases→8002231/2024

Claimant v North Lanarkshire Council

3 April 2025Before Employment Judge R SorrellScotlandin person

Outcome

Other

Individual claims

Discrimination Arising from Disability (s.15)(disability)not determined

This was a preliminary hearing on time limits only. The tribunal found it just and equitable to extend time, so the claim can proceed to a full merits hearing. The substantive discrimination claim relates to alleged discrimination in recruitment arrangements under s.39(1) Equality Act 2010, specifically the respondent's alleged failure to apply its Guaranteed Job Interview Scheme properly when rejecting the claimant's application on 6 August 2024.

Facts

The claimant, a 63-year-old man who considered himself disabled and was a 'Routes to Work' client, applied for a Safety and Wellbeing Assistant role with the respondent council on 5 July 2024. His application was rejected on 6 August 2024 despite the respondent operating a Guaranteed Job Interview Scheme for disabled applicants meeting essential criteria. He initiated ACAS early conciliation on 20 September 2024, believing the time limit was 6 months and relying on ACAS to guide him. He filed his tribunal claim on 30 December 2024, 13 days after the extended deadline of 17 December 2024.

Decision

The tribunal extended the time limit on just and equitable grounds, allowing the disability discrimination claim to proceed. The judge accepted the claimant's explanation that he reasonably relied on ACAS guidance, mistakenly believed the time limit was 6 months, and was focused on the respondent's non-engagement with conciliation. The 13-day delay was modest, the respondent had prior notice of the complaint, and the claimant would suffer greater prejudice if time-barred than the respondent would suffer in defending the claim.

Practical note

A 13-day delay in filing a discrimination claim may be excused under the just and equitable test where an unrepresented claimant reasonably relied on ACAS process, particularly when the respondent had prior notice and suffered no significant forensic prejudice.

Legal authorities cited

Keeble v British Coal Corporation [1997] IRLR 336Robertson v Bexley Community Centre [2003] IRLR 434Pathan v South London Islamic Centre EAT 0312/13Adedeji v University Hospitals Birmingham NHS Foundation Trust [2021] EWCA Civ 23

Statutes

Limitation Act 1980 s.33Equality Act 2010 s.123(1)Enterprise and Regulatory Reform Act 2013Equality Act 2010 s.39(1)

Case details

Case number
8002231/2024
Decision date
3 April 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
North Lanarkshire Council
Sector
local government
Represented
Yes
Rep type
solicitor

Employment details

Role
Applicant for Safety and Wellbeing Assistant

Claimant representation

Represented
No
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