Turners (Soham) Ltd

Case Summary

The case involved a disabled claimant who was an HGV driver. The tribunal determined that the claimant had arthritis in his left hip, which is a progressive condition. The tribunal extended the time limit for the disability discrimination claim as it was just and equitable to do so.

• •Disability status of the claimant
• •Extension of time for disability discrimination claim

EMPLOYMENT TRIBUNALS (SCOTLAND) 5   Case No:  4114505/19 Hearing held By Cloud Video Platform (CVP) on 10 and 11 March 2021 Employment Judge L Doherty 10 Christopher Bannan Claimant In Person 15 Turners (Soham) Ltd Respondent Represented by Mr Newman Solicitor 20 JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Employment Tribunal is ; (a) the claimant is a disabled in terms of Section 6 of the Equality Act 2013 25 (the EQA); (b) the Tribunal shall exercise its discretion under Section 123 (1) (b) of the Equality Act 2010 to extend time to allow the complaint of disability discrimination on the grounds that it is just and equitable to do so. 30 REASONS 1. The claimant presented a complaint of unfair dismissal and disability discrimination on 16 December 2019. This was a Preliminary Hearing (P H) to consider two preliminary issues arising from the claim. 2. There have been two PH’s for the purposes of case management, further to 35 which this PH was fixed in order to determine whether the claimant was a disabled in terms of the EQA, and to consider whether the tribunal had jurisdiction to consider all or any part of his disability discrimination claim, on the grounds that it was time-barred 4114505/2019 (A) Page 2 3. There were five sets of documents before the Tribunal which set out what the claimant identified as his disability discrimination claim. Those were; a) the ET1; b) an undated document called ‘Claimant’s Statement of Facts’ c) the claimant’s further and better particulars of the claim, lodged on 5 22/06/20 after specific direction had been issued by EJ Hoey at a PH on 30/4/20 as to what information the claimant requited to produce in relation to his disability discrimination claim; d) the Claimants response to the Responde…