London Borough of Lewisham

Case Summary

The claims of disability discrimination were dismissed as they were submitted out of time. The claim of unfair dismissal will continue.

The disability discrimination claims were submitted outside the statutory three-month time limit for bringing such claims.

• •claims of disability discrimination submitted out of time

Case No: 2301674/2021 1 THE EMPLOYMENT TRIBUNAL SITTING AT: LONDON SOUTH BEFORE: EMPLOYMENT JUDGE K ANDREWS sitting alone BETWEEN: Ms D Atkinson Claimant and London Borough of Lewisham Respondent ON: 18 August 2022 Appearances: For the Claimant: Mr M Withers, Counsel For the Respondent: Mr O Isaacs, Counsel RESERVED JUDGMENT ON PRELIMINARY ISSUE The claims of disability discrimination were submitted out of time in circumstances where it is not just and equitable to extend the relevant time limit and are therefore dismissed. The claim of unfair dismissal will continue. A case management discussion is ordered below. REASONS 1. In this matter the claimant complains that she was unfairly dismissed and subjected to disability discrimination by her former employer the respondent. This hearing was listed to determine whether the claims of disability discrimination which the parties agree were submitted out of time, should nonetheless be permitted to proceed on the basis that it is just and equitable in all the circumstances. The parties agree that the claim of unfair dismissal was submitted in time. Case No: 2301674/2021 2 2. The claimant is disabled by reason of multiple sclerosis. After discussion and agreement with the parties, appropriate adjustments were made to the hearing in light of the impact of that condition upon the claimant. This extended the length of the hearing and consequently my decision was reserved. Evidence & Submissions 3. I heard evidence from the claimant on this preliminary issue and also considered a bundle of relevant documents. 4. Counsel for both parties made oral submissions supplementing their written submissions on the conclusion of the evidence. Relevant Law 5. Any complaint of discrimination may not be brought after the en…