In Person For the v Respondent — 2022

This was a preliminary hearing before Employment Judge Gaskell on 23 and 24 May 2022 in the case of Ms D Lyn against Sandwell & Birmingham Hospitals NHS Trust. The tribunal considered the claimant’s age discrimination and disability discrimination claims only. The claimant was represented in person and the respondent was represented by counsel.

On the disability claim, the tribunal found that at times material to the claim the claimant was not a disabled person within the meaning of the Equality Act 2010. It also held that the disability discrimination claim had been presented out of time, so the tribunal had no jurisdiction to hear it under section 123 of the Equality Act 2010. The tribunal further found that the claim had no reasonable prospect of success under Rule 37 of the Employment Tribunals Rules of Procedure 2013.

On the age discrimination claim, the tribunal held that it was also presented out of time under section 123 of the Equality Act 2010 and therefore outside the tribunal’s jurisdiction. It also found that the age claim had no reasonable prospect of success under Rule 37. The tribunal stated that, accordingly, the claims were struck out in their entirety and dismissed.

The tribunal also refused the claimant’s application to amend her claim. No monetary remedy was awarded.