Claimant v Bennett Restaurants Ltd
Outcome
Individual claims
The claim relating to failure to provide a stool as an auxiliary aid was not presented within the applicable time limit and the tribunal found it was not just and equitable to extend time.
The claim relating to failure to provide a Roger On hearing device as an auxiliary aid was brought within time and shall proceed to a full hearing.
The direct discrimination complaint relating to the period 2018-2019 was not brought in time and the tribunal found it was not just and equitable to extend time.
The direct discrimination complaint relating to 2023 was not brought in time but the tribunal found it was just and equitable to extend time, so this claim shall proceed to a full hearing.
Facts
Mr Edgar, who has a disability requiring hearing aids and potentially requiring a stool, brought claims against his employer Bennett Restaurants Ltd. He alleged failures to provide reasonable adjustments (a stool and a Roger On hearing device) and direct discrimination or discrimination arising from disability relating to two periods: 2018-2019 and 2023. The preliminary hearing addressed time limit issues for the various claims.
Decision
The tribunal struck out claims relating to the stool and the 2018-2019 discrimination period as out of time with no just and equitable extension. However, the claims relating to the Roger On hearing device (which was in time) and the 2023 discrimination allegations (out of time but extended on just and equitable grounds) were allowed to proceed to a full hearing.
Practical note
At preliminary hearings on time limits, tribunals will apply different just and equitable assessments to different parts of a claim, potentially striking out some historic allegations while allowing more recent ones to proceed.
Legal authorities cited
Case details
- Case number
- 6000096/2024
- Decision date
- 8 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No