Case 1300428/2021 · Employment Tribunal
Claimant v Commissioners for HM Revenue & Customs — 2022
- Case reference
- 1300428/2021
- Decision date
- 13 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hindmarch Appearances
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThis was a preliminary hearing to consider whether deposit orders should be made. The claimant had brought complaints of direct race discrimination, victimisation, and disability discrimination by alleged failure to make reasonable adjustments.
The tribunal found that the direct race discrimination allegation related to November 2018 and that the alleged victimisation detriments ended in March 2020. Taking those allegations at their highest, the tribunal found both claims were plainly out of time and had little reasonable prospects of success. It ordered deposits of £100 for each of those two claims as a condition of continuing them.
The tribunal did not make a deposit order for the reasonable adjustments claim. Although the complaints in the ET1 appeared to be out of time, they were close to the time limit and might be the subject of a just and equitable extension argument. The claimant also had an amendment application concerning an alleged May 2021 incident, which could give rise to a continuing act argument if allowed.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The tribunal did not determine the merits of the direct race discrimination claim. It found the claim had little reasonable prospects of success because it was out of time and ordered a £100 deposit as a condition of continuing it. | Other | Race | — |
| Victimisation | The tribunal did not determine the merits of the victimisation claim. It found the claim had little reasonable prospects of success because it was out of time and ordered a £100 deposit as a condition of continuing it. | Other | Race | — |
| Disability discrimination | The tribunal considered whether to make a deposit order for the reasonable adjustments claim but did not do so. The merits were not determined. | Other | Disability | — |
Legal tests applied
4 references- rule 39 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- little reasonable prospects of success
- just and equitable extension
- continuing act
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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