Claimant v Leicester City Council

Outcome

Facts

The claimant, a stonemason employed by Leicester City Council, retired on ill health grounds on 20 December 2023. He suffered from depression following his son's death in April 2021, with significant deteriorations around key anniversaries. He became an involuntary mental health patient in May 2022 and never returned to work. He alleges a series of harassing or discriminatory communications from his manager between June 2022 and September/October 2023 related to his disability. He raised a grievance in January 2024 after taking legal advice, commenced ACAS early conciliation on 8 February 2024, and filed his claim on 2 April 2024.

Decision

This was a preliminary hearing on whether to extend time for disability discrimination and harassment claims that were out of time. The tribunal found it just and equitable to extend time, taking into account the claimant's deteriorating mental health around key anniversaries (his son's birthday in November and Christmas), the relatively short delay of approximately 3 months, and the lack of specific prejudice to the respondent. The claims may therefore proceed to a full merits hearing.

Practical note

Legal authorities cited