Claimant v North Wales Fire and Rescue Service
Outcome
Individual claims
The complaints of detriment on the grounds of trade union membership or activities under section 146 TULR(C)A 1992 were presented out of time. The tribunal found it was reasonably practicable for them to have been presented in time, as the claimant was able to engage in various activities including pursuing a grievance, ACAS conciliation, and running a business. The claimant failed to adequately explain the delay, and the complaints were not presented within a further reasonable period.
The complaint of harassment related to a philosophical belief under section 26 EqA 2010 was presented out of time and the tribunal found it was not just and equitable to extend time. The claimant failed to provide an adequate explanation for the delay, and the balance of prejudice favoured the respondents who were entitled to believe the claims were not being pursued after the May-June 2023 ACAS conciliation ended without proceedings being issued.
The complaint of indirect discrimination under section 19 EqA 2010 was presented out of time and not within such other period as was just and equitable. The claimant did not adequately explain the delay, and the respondents reasonably believed claims were not being pursued via tribunal but through internal mechanisms.
The respondent's application to strike out or subject to a deposit order the discrimination arising from disability claims relating to events from 8 October 2023 (placing claimant on half pay) and the ongoing capability procedure was dismissed. The tribunal found these allegations were presented in time as continuing acts under section 123(3)(a) EqA 2010, and therefore the application based on time limits had not been made out.
The respondent's application to strike out or subject to a deposit order the harassment related to disability claim (concerning the reduction to half pay from 8 October 2023) was dismissed. The tribunal found this allegation was presented in time, and therefore the respondent's application premised on the claim being out of time had not been made out.
Facts
The claimant, a Watch Manager employed by the first respondent fire service, was signed off work with work-related stress/anxiety from 28 March 2023. He brought various complaints of discrimination, trade union detriment, and detriment for seeking to be accompanied. Despite engaging in ACAS early conciliation in May-June 2023, he did not present his claim until 4 December 2023. During this period, he actively pursued a grievance, submitted an injury on duty claim, attended various meetings with OH and management, and ran his own cleaning business undertaking 23 jobs.
Decision
The tribunal struck out the majority of claims as being out of time, finding the claimant had not shown it was not reasonably practicable (for TULR/ERA claims) or just and equitable (for discrimination claims) to extend time. The tribunal found the claimant's evidence that his mental health prevented him presenting claims earlier was undermined by his ability to engage in complex activities including pursuing a grievance and running a business. Only the discrimination arising from disability and harassment related to disability claims concerning events from October 2023 onwards were permitted to proceed as they were in time.
Practical note
Even where a claimant has mental health difficulties, tribunals will closely scrutinise claims that illness prevented presentation of claims in time, particularly where evidence shows the claimant was capable of engaging in other complex work-related activities during the same period.
Legal authorities cited
Statutes
Case details
- Case number
- 1602979/2023
- Decision date
- 19 June 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Watch Manager
Claimant representation
- Represented
- Yes
- Rep type
- lay rep