Disability Discrimination; Time Limits
The Appellant has the protected characteristic of disability by virtue of having Parkinson’s Disease. In May 2019 she brought a claim of disability discrimination against the Respondent. She alleged two separate failures by the Respondent to make reasonable adjustments in terms of section 20 of the Equality Act, 2010 (‘EA’) by failing to:
a) adjusting her shift pattern to accommodate the symptoms of fatigue associated with Parkinson’s Disease; and
b) re-classify the reason for her absences so that her pay would not be adversely affected.
The Respondent argued that both claims were time-barred under section 123 EA. A preliminary hearing was fixed to consider that issue. The Employment Judge concluded that the claims related to decisions which were made by the Respondent in the past and rejected an argument that the claims concerned ‘conduct extending over a period’ in terms of section 123(3)(a) EA. He also declined to extend the time limit on ‘just and equitable’ grounds.
Held: The Employment Judge had erred in regarding the claim about the shift pattern as being about an ‘act’ rather than an ‘omission’ of the Respondent consisting of a failure to make an adjustment in terms of section 20 EA. That had led to a failure properly to consider and apply the provisions of sections 123(3) and (4) EA. The Employment Judge had also erred in concluding that by continuing to pay the Appellant on an un-reclassified basis the Respondent was deemed to have acted in a way that was inconsistent with making the adjustment sought in terms of section 123(4)(a). The case was remitted to a differently constituted Tribunal for a full merits hearing, under reservation of all issues of time-bar.
Lord Fairley
[2021] UKEAT 0022 – 20 – 0906
Bailii
England and Wales
Updated: 07 July 2021; Ref: scu.663592
