In Person assisted by Ms Biden (friend) v Respondent — 2022

This was a preliminary hearing before Employment Judge Smail in Exeter by video on 12 October 2022. The tribunal recorded that the claimant had been employed by the First Respondent, alternatively the Third Respondent, between 17 January 2019 and 8 December 2021, when she resigned claiming constructive dismissal. It also recorded that the early conciliation certificates covered all the claims sought to be brought, and that any earlier non-acceptance was set aside by consent.

The claims against the Second Respondent in her individual capacity were withdrawn, and she ceased to be a respondent. The judgment states that allegations remained in relation to her only for the purpose of any vicarious liability claim against the First, alternatively the Third Respondent. The tribunal found that the claimant was not a disabled person within the meaning of the Equality Act 2010 at any material time. On that basis, the disability discrimination claim was dismissed.

The judgment did not determine the remaining substantive claims, and it directed that case management for those claims would be dealt with in a separate document of the same date. No monetary remedy was awarded or assessed in this judgment.