Claimant v Stirling Council
Outcome
Individual claims
The facemask/lanyard issue (October-November 2020) was struck out as time-barred. The claim was lodged over 3.5 years late. The tribunal found the delay was not adequately explained by the claimant's assertion he was waiting for internal resolution, and found it not just and equitable to extend time given the significant delay, fading of evidence, and limited prejudice to the claimant as other claims proceed.
The lack of support issue (November 2020) was struck out as time-barred. The claim was lodged over 3.5 years late. The tribunal rejected the claimant's explanation that he was waiting for internal resolution, noting he was aware of time limits and had a period of fitness in 2021-2022 when he could have acted but did not.
The book issue (23 December 2020) was struck out as time-barred. The claim was lodged over 3.5 years late. The tribunal found the claimant did not act promptly despite believing the conduct was discriminatory from the outset, and found it not just and equitable to extend time.
The prescription medication issue (from June 2022 onwards) was accepted by the respondent as arguably a continuing act, so was not time-barred. This claim will proceed to a full merits hearing to determine the substantive issues arising from the claimant accessing prescribed cannabis-based medication on the respondent's premises.
Facts
The claimant, employed as a support for learning assistant at Fallin Primary School from January 2019, brought disability discrimination claims relating to events in late 2020 (facemask/lanyard requirements, lack of support, and a book delivery) and a separate ongoing issue regarding prescribed cannabis-based medication from June 2022. The claimant did not lodge his tribunal claim until August 2024, over 3.5 years after the 2020 events. He claimed he was waiting for internal resolution and relied on mental health issues, though evidence showed a period of fitness in 2021-2022. The respondent argued the historic claims were significantly time-barred and it would not be just and equitable to extend time.
Decision
The tribunal dismissed the three claims relating to events in late 2020 as time-barred, finding it not just and equitable to extend time. The tribunal considered the significant delay (over 3.5 years), the claimant's awareness of time limits, the lack of credible explanation for delay, the impact on evidence cogency, and limited prejudice to the claimant given that his prescription medication claim would proceed. The prescription medication claim from June 2022 was accepted as arguably a continuing act and will proceed to a full hearing.
Practical note
Even where a claimant suffers from disability-related mental health issues, tribunals will scrutinise delay rigorously: a 3.5-year delay will not be excused on just and equitable grounds where the claimant knew the time limits, had periods of fitness, and cannot credibly explain why they waited to pursue claims they believed were discriminatory from the outset.
Legal authorities cited
Statutes
Case details
- Case number
- 8001232/2024
- Decision date
- 18 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Stirling Council
- Sector
- local government
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Support for Learning Assistant
Claimant representation
- Represented
- No