Case 1304494/2023 · Employment Tribunal
Mr A Sheehan v XC Trains Limited PRELIMINARY HEARING — 2024
- Case reference
- 1304494/2023
- Decision date
- 7 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Camp Appearances
Parties
2 namedClaimant
Mr A Sheehan
Respondent
Key findings
Tribunal's reasoningAt a preliminary hearing in Midlands (West) on 4 March 2024, Employment Judge Camp considered only disability-related harassment complaints brought by Mr A Sheehan against XC Trains Limited. The tribunal identified one complaint about an incident in or around September 2019 and four complaints about things allegedly said at a trade union Local Level Council meeting on an unspecified date in 2021. It also recorded that any other complaints, to the extent not withdrawn, were not being proceeded with and were dismissed.
The September 2019 complaint was dismissed because it was presented outside the primary time limit of 3 months, plus any extension for early conciliation. The tribunal further held that it would not be just and equitable, within section 123(1) of the Equality Act 2010, to permit that complaint to proceed.
The 2021 complaints were struck out under rule 37 of the Employment Tribunals Rules of Procedure because they had no reasonable prospects of success. Oral reasons were given at the hearing, and the written record states that written reasons would not be provided unless requested within 14 days of the sending of the decision.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Harassment | One complaint about an incident in or around September 2019. Dismissed because it was presented outside the primary time limit of 3 months (plus any early conciliation extension) and the tribunal was not satisfied it would be just and equitable to allow it to proceed. | Dismissed | Disability | — |
| Harassment | Four complaints about things allegedly said at a trade union Local Level Council meeting on an unspecified date in 2021. Struck out under rule 37 because the tribunal found they had no reasonable prospects of success. | Struck out | Disability | — |
Legal tests applied
2 references- just and equitable test under section 123(1) Equality Act 2010
- rule 37 Employment Tribunals Rules of Procedure
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
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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