Case 1301995/2019 · Employment Tribunal
Miss A Williams v High Speed Two (HS2) Limited — 2019
- Case reference
- 1301995/2019
- Decision date
- 23 January 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Flood
- Venue
- Birmingham
Parties
2 namedClaimant
Miss A Williams
Respondent
Key findings
Tribunal's reasoningAt this preliminary hearing before Employment Judge Flood sitting alone in Birmingham, the tribunal recorded that Miss A Williams's indirect disability discrimination complaint under section 19 Equality Act 2010 was dismissed upon withdrawal. No substantive determination of that complaint was made beyond the withdrawal recorded in the judgment.
The tribunal also dealt with an application to amend the claim to add a complaint of detriment for having made a protected disclosure on 9 December 2018 under section 47B ERA 2006. Permission to amend was granted only in relation to two alleged detriments: the issuing of a verbal warning on 18 December 2018, and an allegation of gross misconduct following an incident on 25 January 2019.
The same amendment application was refused insofar as it relied on an alleged detriment said to consist of the respondent ignoring medical advice for a phased return to duties from 23 January 2019. The written record notes that reasons were given orally at the hearing and that no written reasons would be provided unless requested within the stated time limit.
The judgment is a preliminary hearing decision and does not record any remedy award, liability finding on the amended whistleblowing allegations, or any allocation of compensation between claims.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The claimant's complaint of indirect disability discrimination under section 19 Equality Act 2010 was dismissed upon withdrawal. | Dismissed | Disability | — |
| Whistleblowing | The claimant's application to amend the claim to add section 47B ERA detriment allegations was allowed only for the allegation about a verbal warning on 18 December 2018 and the allegation of gross misconduct following the 25 January 2019 incident. It was refused for the allegation that the respondent ignored medical advice for a phased return to duties from 23 January 2019. | Other | — | — |
Legal tests applied
2 references- section 19 Equality Act 2010
- section 47B Employment Rights Act 2006
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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