Chronic Fatigue Syndrome Caused Delay in Lodging Discrimination Claim

Disability discrimination claims that are filed outside a three-month statutory time limit will usually be dismissed without a hearing – but what if the disability itself is the cause of the delay? That issue was considered in a guideline case concerning a trainee pharmacist who was stricken by…

Feb 18, 2022

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Disability discrimination claims that are filed outside a three-month statutory time limit will usually be dismissed without a hearing – but what if the disability itself is the cause of the delay? That issue was considered in a guideline case concerning a trainee pharmacist who was stricken by chronic fatigue syndrome (CFS).

The woman suffered from several long-term disabling conditions, including post-viral CFS. The condition was characterised by an overwhelming sense of fatigue and a chronic influenza-like malaise, typically worsened by physical or mental exertion. She was sometimes so unwell that she had to take to her bed for days.

She held a trainee position with an NHS trust for six months before she decided that she could no longer cope with the strain and resigned. She subsequently launched Employment Tribunal (ET) proceedings on the basis that reasonable adjustments had not been made to cater for her disability. She said that she was required to stand for extended periods and was not provided with a suitable chair.

Following a preliminary hearing, the ET noted that she had lodged her claim outside the primary three-month limitation period provided for in Section 123 of the Equality Act 2010. The delay was significant, but the ET found that it was just and equitable to extend time so that her case against the trust could proceed to a full hearing.

The ET acknowledged the serious physical and mental limitations arising from her lifelong condition. For about five months following her resignation she was simply too unwell to carry out necessary inquiries or to issue her claim. Once her health improved sufficiently, she took those steps promptly and at the first available opportunity. She was also permitted to proceed with her claim against two other public bodies involved in the training of pre-registration pharmacists.

Collective Bargaining Agreements and Direct Inducements to Employees

The ability of trade unions to negotiate effectively on their members’ behalf would be greatly diminished if employers were permitted to bypass collective bargaining agreements and offer inducements directly to employees. The Employment Appeal Tribunal (EAT) made that point in a ruling which stands as a warning to employers. The case concerned sometimes acrimonious pay negotiations between employers on an industrial site and their unionised workforce. A collective bargaining agreement was in…

Inadequate Workplace Toilet Triggers Direct Sex Discrimination Finding

As those who follow the news will know, public and workplace toilet facilities are the focus of a national debate concerning gender. In an employment case on point, a female office clerk who had to share a toilet with male colleagues succeeded in a direct sex discrimination claim. The woman worked for a local authority in a building fitted with both male and female toilets. She used the female toilet when she could, but accessing it was problematic in that it was in part of the building used by…

Grocery Supplier Fined After Worker Killed by Reversing HGV

A grocery wholesaler has been prosecuted by the Health and Safety Executive (HSE) and fined £1 million following an accident in which a worker was killed by a reversing HGV. The man and a colleague were making a delivery to a store when the accident happened. He was acting as a banksman while his colleague was reversing the HGV into the store’s unloading area. He became trapped between the HGV and a wall, sustaining fatal crush injuries. An investigation by the HSE found that the wholesaler had…