Case 1308954/2019 · Employment Tribunal
Claimant v NDC Polipak Ltd — 2021
- Case reference
- 1308954/2019
- Decision date
- 24 February 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Algazy QC
- Panel members
- Dr. G. Hammersley, Ms S. Campbell
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThe tribunal heard the case at Birmingham via CVP on 15-19 and 22-24 February 2021. Before the substantive judgment, the respondent undertook to pay the claimant a sum equivalent to one week’s salary at half pay by 1 March 2021, and the claimant withdrew her claim for unpaid annual leave. The unanimous judgment then dealt with the remaining claims and dismissed the claim for constructive unfair dismissal.
On the discrimination complaints, the tribunal held that it had no jurisdiction to hear claims of discrimination occurring before 4 July 2019 and that it was not just and equitable to extend time. It dismissed the claims for direct disability discrimination, failure to make reasonable adjustments, harassment related to disability, and victimisation. It also dismissed the claims for unauthorised deductions, breach of contract, and failure to provide written terms and conditions of employment. No tribunal award is recorded in the judgment.
Claims and outcomes
8 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | Styled in the judgment as a claim for constructive unfair dismissal. | Dismissed | — | — |
| Disability discrimination | The tribunal held it had no jurisdiction over discrimination occurring before 4 July 2019 and that it was not just and equitable to extend time. | Dismissed | Disability | — |
| Disability discrimination | The tribunal held it had no jurisdiction over discrimination occurring before 4 July 2019 and that it was not just and equitable to extend time. | Dismissed | Disability | — |
| Harassment | Harassment related to disability; the tribunal also held it had no jurisdiction over discrimination occurring before 4 July 2019 and that it was not just and equitable to extend time. | Dismissed | Disability | — |
| Victimisation | The tribunal also held it had no jurisdiction over discrimination occurring before 4 July 2019 and that it was not just and equitable to extend time. | Dismissed | — | — |
| Unlawful deduction from wages | The judgment describes this as a claim for unauthorised deductions. | Dismissed | — | — |
Legal tests applied
1 reference- not just and equitable to extend time
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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