Case 1401211/2023 · Employment Tribunal
In person/with Paul Bolzara (colleague) For the v Mr R Hickford of Ashdowns Legal LLP PRELIMINARY HEARING IN PUBLIC — 2023
- Case reference
- 1401211/2023
- Decision date
- 17 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge H Lumby Dated
Parties
2 namedClaimant
In person/with Paul Bolzara (colleague) For the
Key findings
Tribunal's reasoningThe claimant, Bernard King, had been employed by the respondent and the relevant events arose in 2018 after an incident involving Mr Luke Mercer, a subsequent complaint to HR, suspension, dismissal on 8 August 2018, and an unsuccessful appeal. The tribunal noted that the claimant is autistic and also has dyslexia and ADHD, and that adjustments were made for the preliminary hearing. This claim was presented on 19 March 2023. The tribunal identified two broad categories of claim: breach of contract and discrimination.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Dismissed because the tribunal found the claim was not presented within the required time limit and, although it accepted that the claimant's mental condition was the substantial cause of the initial delay, it was not brought within a further reasonable period. | Dismissed | — | — |
| Sex discrimination | The judgment treated the EqA complaints as sex discrimination complaints and recorded that the pleaded allegations included direct discrimination, indirect discrimination, harassment and victimisation. They were dismissed as out of time because the tribunal found it was not just and equitable to extend time. | Dismissed | Sex | — |
Legal tests applied
8 references- s.111(2) ERA 1996
- reasonably practicable
- article 7 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
- s.123(1)(b) EqA 2010
- just and equitable
- cause of action estoppel
- Henderson v Henderson
- abuse of process
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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