Cases8001232/2024

Claimant v Stirling Council

18 March 2025Before Employment Judge M RobisonScotlandin person

Outcome

Claimant fails

Individual claims

Discrimination Arising from Disability (s.15)(disability)struck out

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.

Discrimination Arising from Disability (s.15)(disability)struck out

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.

Discrimination Arising from Disability (s.15)(disability)struck out

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.

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

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

Abertawe Bro Morgannwg Health Board v Morgan [2018] ICR 1194Adedeji v University Hospitals Birmingham NHS Foundation Trust [2021] EWCA Civ 23Robertson v Bexley Community Centre [2003] IRLR 434Keeble v British Coal Corporation [1997] IRLR 336Jones v Secretary of State for Health and Social Care [2025] IRLR 282Department for Constitutional Affairs v Jones [2008] IRLR 128Miller and others v MOJ EAT/0003/15

Statutes

Equality Act 2010 s.123

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