Mr I Tapping (in person) For the v Respondent — 2021

The Claimant, Mr I Tapping, brought claims against the Ministry of Defence including constructive unfair dismissal, detriment for making protected disclosures, and discrimination on grounds of disability and age. The constructive unfair dismissal claim was dismissed on withdrawal by the Claimant, and the Tribunal held it had no power under rule 51 to set aside the withdrawal. The protected disclosure detriment claims were found not well founded and dismissed, as were the claims of direct disability discrimination and harassment related to age.

The Tribunal (Employment Judge J Bax sitting alone) found that the Respondent had contravened section 39(2)(d) of the Equality Act 2010. The Claimant succeeded on his claims of failure to make reasonable adjustments between mid October 2017 and end of January 2018, discrimination arising from disability in relation to an e-mail of 16 March 2018, harassment related to disability on 14 September 2018, direct age discrimination on 18 September 2018, and victimisation on 14 September 2018. The Tribunal found these were part of a continuing course of discriminatory conduct.

Although the claims were presented out of time (the last act being 18 September 2018 and the claim presented on 17 June 2019, around six months late), the Tribunal held it was just and equitable to extend time. The Claimant had been seeking to resolve a factually complex matter through internal grievance procedures which took over a year. The Respondent did not establish that it had taken all reasonable steps to prevent discrimination, in particular failing to adduce evidence about refresher training for the relevant managers. Directions in respect of remedy were given by a separate order.