Claimant v St Mungo Community Housing Association
Outcome
Individual claims
The tribunal found the claim was presented outside the primary limitation period and it was reasonably practicable for the claimant to comply with the time limit. The test at section 111(2)(b) ERA 1996 was not satisfied and time was not extended. The claim was dismissed for lack of jurisdiction.
The tribunal found it just and equitable to extend time for this claim despite it being out of time. The respondent conceded the claimant was disabled by reason of depression. The tribunal also found the claimant was disabled by reason of anxiety and depression but not by several other impairments listed. The claim will proceed to final hearing.
This claim was allowed to proceed following the tribunal's finding that it was just and equitable to extend time. The claimant was found to be disabled by reason of anxiety and depression during the relevant period. The claim will proceed to final hearing on its merits.
This claim was allowed to proceed following the tribunal's finding that it was just and equitable to extend time. The claimant was found to be disabled by reason of anxiety and depression. The claim will proceed to final hearing to determine whether the respondent failed to make reasonable adjustments.
Facts
The claimant brought claims of unfair dismissal and disability discrimination against St Mungo Community Housing Association. Both claims were presented outside the primary limitation period. The claimant contended he was disabled by multiple impairments including depression, anxiety, PTSD, Avoidance Personality Disorder, Autistic Spectrum Disorder, Borderline Personality Disorder, Dependent Personality Disorder, and Obsessive Compulsive Personality Disorder. This was a preliminary hearing to determine jurisdiction and disability status.
Decision
The tribunal dismissed the unfair dismissal claim for lack of jurisdiction, finding it was reasonably practicable for the claimant to present his claim in time. However, the tribunal allowed the disability discrimination claims to proceed, finding it just and equitable to extend time. The tribunal found the claimant was disabled by reason of anxiety and depression but not by the other impairments he relied upon.
Practical note
Different time limit tests apply to unfair dismissal (reasonably practicable) and discrimination claims (just and equitable), with the latter being more flexible and potentially allowing late claims to proceed where the former would not.
Legal authorities cited
Statutes
Case details
- Case number
- 3316470/2021
- Decision date
- 25 September 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep