Claimant v Whitbread Group Plc
Outcome
Individual claims
Preliminary hearing dealt only with time limit issue. Tribunal extended time under s.123(1)(b) deeming it just and equitable. Claim relates to alleged failure to adjust reception desk for wheelchair user throughout employment from May 2022 to January 2024. Merits to be determined at full hearing.
Facts
Claimant, a wheelchair user with Spina Bifida and Scoliosis, worked as receptionist from May 2022 to January 2024. She alleges respondent failed to make reasonable adjustment to reception desk throughout employment despite Access to Work application. She resigned in December 2023 citing back pain and stress. After pursuing grievance (partly upheld April 2024, appeal outcome August 2024), she sought CAB advice in July 2024, contacted ACAS on 15 July 2024, and filed claim on 19 July 2024, over three months out of time.
Decision
Tribunal extended time limit under s.123(1)(b) Equality Act 2010 on just and equitable grounds. Key factors: claimant unrepresented until after filing, focused on internal grievance process, acted promptly once advised by CAB, relatively short overall delay, no prejudice to respondent, potentially meritorious claim as grievance partly upheld. Claim proceeds to full hearing on merits.
Practical note
Tribunals may extend time for discrimination claims beyond three months where claimant was unrepresented, focused on internal processes, and acted promptly once aware of tribunal rights, particularly where overall delay causes no evidential prejudice to respondent.
Legal authorities cited
Statutes
Case details
- Case number
- 8001047/2024
- Decision date
- 25 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- receptionist
- Service
- 2 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep