Late Disability Discrimination Claim Rejected by Employment Tribunal

OUTCOME: Dismissed

Case Numbers: 2305900/2023

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EMPLOYMENT TRIBUNALS

Claimant: [redacted]

Respondent: [redacted]

Heard at:

London South Employment Tribunal by video hearing

On:

5 December 2025

Before:

Employment Judge Robinson

Representation

Claimant:

[redacted] Intermediary: [NAME_2], [NAME_3] Respondent: [redacted]

JUDGMENT

The judgment of the Tribunal is that the complaint of failure to make reasonable adjustments was not presented within the applicable time limit. It is not just and equitable to extend the time limit. The claim is therefore dismissed.

REASONS

1. My decision is that [NAME_1]’s case should not continue. I gave the reasons for my decision verbally at the hearing on 5 December 2025. [NAME_1] asked for written reasons at that hearing. My reasons are below. [NAME_1]

2. Firstly, it is important to explain that [NAME_1] has a learning difficulty. This hearing had important ground rules that were agreed at the Tribunal hearing on 19 August 2025. These ground rules were to make sure [NAME_1] could be as

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fully involved in the hearing as possible. At this hearing, I did these things: a. Taking things slowly b. Signposting changes in topic c. Signposting changes in the person being spoken to d. Taking (and offering) regular breaks

3. At this hearing, [NAME_1] had an intermediary ([NAME_2]) to help him and make sure he understood what was happening. I regularly paused the hearing to let [NAME_2] explain to [NAME_1] what was being said and check his understanding. [NAME_2] also asked to pause the hearing at times for the same reason.

4. At the hearing, I explained to [NAME_1] the reasons why I decided to reject his case using simple words. I have also tried to write these reasons in the simplest possible way I can.

5. I explained to [NAME_1] that the reason for the hearing today was:

a. To check if he had been able to get a lawyer or legal advice (as suggested by the judge at the last hearing)

b. For me to decide if his claim had been made too late, by asking him questions about why he waited so long to put it in.

c. If his claim was too late, was it “fair” (the Tribunal calls this “just and equitable”) for the claim to carry on anyway?

d. If his claim could carry on, what should happen next?

6. [NAME_1] gave evidence. That means he answered questions from me and the hospital’s lawyer, [NAME_4]. I did not ask [NAME_1] to give the normal Tribunal oath because of his learning difficulty. I thought it was simpler to just ask [NAME_1] to promise to tell the truth. He said he would.

[NAME_1]’s answers to questions 7. [NAME_1] understood that his unfair dismissal claim had already ended because he still had a job with the hospital. He knew that his claim in the Tribunal was - failure to make reasonable adjustments.

8. [NAME_1] said that the Free Representation Unit had told him they could not help him because his final hearing was too long (5 days). He also said that he had not been able to get legal advice from anywhere else.

9. [NAME_1] explained that he was complaining about his hours being changed

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from 5.30am-1.30pm to 8am-4pm.

10. I could see from the Tribunal papers that [NAME_1]:

a. Contacted ACAS about his possible claim from 26-28 June 2023 (this is called ‘early conciliation’) b. Made his claim in the Employment Tribunal on 24 October 2023

11. I asked [NAME_1] some questions. So did the hospital’s lawyer. [NAME_1]’s answers were:

a. The hospital told him on 1 March 2023 that his hours would change on 1 April 2023.

b. He was not happy about it but thought he would “give it a go” for 2 weeks, but he couldn’t cope with it. After some holidays, he then went on sick leave from May 2023.

c. He asked to work early hours because: i. he had become used to them, and ii. he needed to care for his brother and step-father.

d. In March/April 2023, he did not mention his disability to the hospital when complaining about his hours changing.

e. All Band 2 staff had their hours changed in the same way (about 20 out of the 30 staff were Band 2).

f. He knew the hospital wanted to change the hours for all Band 2s because they didn’t need papers delivered early to clinics anymore.

g. About the change of hours [NAME_1] said “I had been doing them so long and I couldn’t adjust to the 8am-4pm. I was still waking up at 3.30am. I was used to the routine. I also just found the afternoons drag and go on too long. The mornings just fly by.”

h. When I asked why hours of 8am-4pm is harder for him than for someone without a learning disability, [NAME_1] could not explain.

i. [NAME_1] said other Band 2 staff were also unhappy with the change because they also liked having their afternoons free.

j. He waited until 26 June 2023 to contact ACAS because he was waiting to see if the hospital would change their mind.

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k. He found out about ACAS in June 2023 from the NHS website.

l. Because he was off sick, the hospital started paying him half his wages in October 2023, so he decided to make his claim to the Tribunal then.

m. He had ex-colleagues and a barber friend who he spoke to about his claim and who helped him put in his claim. My decision 12. I had to decide if [NAME_1]’s reasonable adjustments claim was made to the Tribunal in the 3 month time limit. If it was not, I had to decide if it was fair for me to extend the time limit to let his case carry on.

13. The Tribunal and [NAME_1] were helped a lot by [NAME_2] (an ‘intermediary’ appointed by the Tribunal). [NAME_2] helped me make sure [NAME_1] could take part in his case and understand the hearing. This was very important so that [NAME_1] had access to justice. Even though [NAME_1] did not have a lawyer to help him, (as with lots of people in the Employment Tribunal) I think he has been able to make his best case today.

14. When I decide if I should extend a time limit, I need to think about:

a. How long was the delay by [NAME_1] in putting his case in? b. Why did [NAME_1] delay? c. [NAME_1] put his case in quickly once he knew he could? d. What is fair to the hospital? e. What is fair to [NAME_1]? f. How strong is [NAME_1]’s claim if it went to the 5 day final hearing? The length of delay and reasons 15. [NAME_1] was told his hours were changing on 1 March 2023 and he said he would try it for 2 weeks.

16. [NAME_1] then had some holiday and went off sick after that. When on sick leave he was able to contact ACAS on 26 June 2023. I think that means [NAME_1] knew about Employment Tribunals and about claims at that point. But he waited until 24 October to make his claim. [NAME_1] also said he had some ex-colleagues and a barber friend who helped him with his claim. I think that means he was not alone in preparing his case.

17. Claims must be made in 3 months. But [NAME_1]’s claim was made after 7 months (more than 4 months late).

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18. I asked [NAME_1] many times about why he waited until 24 October 2023 to make a claim. He said (more than once) it was because he was being paid in full until that point. Once his pay went down to half (because of his sick leave) he decided to make a claim. I do not think that is a good reason for delay.

Fairness to the hospital and to [NAME_1]

19. I must think about fairness. I know that stopping this case will upset [NAME_1]. But I also know it is not fair on the hospital to keep defending a case that is not likely to win. How strong is [NAME_1]’s reasonable adjustments case? 20. I did not hear evidence from hospital staff. But I think it was likely the change of hours decision by the hospital:

a. Was for a defensible business reason (early deliveries no longer required). b. Was made to everyone at Band 2. c. Was a one-off act that happened March-April 2023 (it was not continuing discrimination).

21. [NAME_1] said he did not like the 8am-4pm hours because he needed to look after his brother and step-father. He also said it was because the afternoons dragged but the mornings flew by.

22. [NAME_1] did not tell the hospital about his learning disability in March-April 2023. He also did not say that was the reason why he wanted early hours.

23. I could not see why the change of hours would affect someone with a learning disability more than someone without a learning disability.

24. I decided I did not think that [NAME_1]’s reasonable adjustment’s case looked likely it would win.

Final comments 25. [NAME_1] made his claim more than 4 months late. The delay was not for a good reason.

26. [NAME_1] knew about ACAS in June but waited four more months to make a claim. The reason he waited was because his pay went down. The pay going down is not connected to the reasonable adjustments claim so does not explain or excuse the delay.

27. I could see that [NAME_1] does have a learning disability, which has made the

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Tribunal process hard for him. However, he has been helped a lot by [NAME_2]. I do not think [NAME_1]’s learning difficulty was the main reason for the delay in making his claim.

28. I think time limits are important in Employment Tribunals. I do not think it is fair to extend the time limit in this case because:

a. [NAME_1]’s delay was quite long (more than double the 3 month limit). b. The delay was not for a good reason. c. His reasonable adjustments claim would likely not win.

29. I decided [NAME_1]’s reasonable adjustments claim has been made too late and it is not fair to let the case continue.

EJ Robinson

5 December 2025