The Secretary of State for The Department of Work and Pensions v Iqbal: EAT 8 Feb 2016

EAT Jurisdictional Points: Worker, Employee or Neither – Extension of time: just and equitable – The Claimant brought claims under the Equality Act 2010 of indirect disability discrimination and failure to make reasonable adjustments based on the employers’ insistence that he work full-time until 24 April 2012 when they allowed him to work part-time. He did not start his claims until 17 December 2012. The Employment Tribunal found the claims were well founded but had to consider the jurisdictional issues raised by section 123 Equality Act.
The Employment Tribunal concluded that time began to run on the date of his (fair) dismissal on 21 September 2012 on the basis that there was a ‘continuing state of affairs’ because the ‘part-time regime’ was not permanent. There was no finding in the Reasons about any request for a permanent ‘part-time regime’ or as to the effect of the part-time regime not being permanent and the conclusion that time began to run on 21 September 2012 was contrary to the Employment Tribunal’s express findings that the discrimination and failure to make reasonable adjustments applied until 24 April 2012.
On the question of a just and equitable extension of time, the Employment Tribunal said it would have extended time on the basis of the extreme stress under which the Claimant was labouring after receipt of a letter on 14 May 2012 (notifying him of the investigatory process that ultimately led to his dismissal). The Employment Tribunal did not have regard in its Reasons to the cause of this extreme stress or its effect on the Claimant’s ability to bring proceedings and the Reasons were therefore inadequate.
In the circumstances both issues arising under section 123 Equality Act were remitted to the Employment Tribunal.

Shanks HHJ
[2016] UKEAT 0094 – 15 – 0802
Bailii
Equality Act 2010
England and Wales

Employment, Discrimination

Updated: 14 January 2022; Ref: scu.562540