Case 1304004/2023 · Employment Tribunal
Claimant v G4S Care and Justice Service (UK) Ltd — 2024
- Case reference
- 1304004/2023
- Decision date
- 19 April 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge G Smart
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningAt a hybrid preliminary hearing in Birmingham on 18 April 2024, Employment Judge G Smart dealt with the Claimant’s pleaded claims before any substantive merits hearing. The tribunal struck out the sexual orientation discrimination claim, together with the claims described as slander and hate crimes, under rule 37 of the Employment Tribunal Rules because they had no reasonable prospect of success.
The tribunal then held that the Claimant’s Equality Act 2010 claims, including disability discrimination, religion and belief discrimination and sex discrimination, were out of time. It found that it was not just and equitable to extend time, so it had no jurisdiction to hear those claims and dismissed them.
The tribunal also found that the unlawful deduction of wages and breach of contract claims had been presented out of time and that it was not reasonably practicable for them to have been presented in time. The Claimant’s application to amend the claim to add allegations of failures to make reasonable adjustments was refused. The judgment recorded that, as a result, all of the Claimant’s claims failed and the case did not proceed further.
Claims and outcomes
8 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Sexual orientation discrimination | Struck out under rule 37 for having no reasonable prospect of success. | Struck out | Sexual orientation | — |
| Other | The judgment refers to a slander claim; it was struck out with the sexual orientation discrimination claim under rule 37. | Struck out | — | — |
| Other | The judgment refers to hate crimes; it was struck out with the sexual orientation discrimination claim under rule 37. | Struck out | — | — |
| Disability discrimination | Found to be out of time and not just and equitable to extend time. | Dismissed | Disability | — |
| Religion or belief discrimination | Found to be out of time and not just and equitable to extend time. | Dismissed | Religion or belief | — |
| Sex discrimination | Found to be out of time and not just and equitable to extend time. | Dismissed | Sex | — |
| Unlawful deduction from wages | Presented out of time; the tribunal held it was not reasonably practicable for the claim to be presented in time. |
Legal tests applied
4 references- no reasonable prospect of success
- rule 37 of the Employment Tribunal Rules
- not just and equitable to extend time
- reasonably practicable
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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