Case 1800563/2019 · Employment Tribunal

Ms T Kilmartin v Sheirs Solicitors Ltd — 2019

Case reference: 1800563/2019
Decision date: 20 September 2019
Jurisdiction: England & Wales
Judge: Employment Judge JM Wade
Venue: Leeds
Panel members: Mr T Downes, Mr M Taj

Indexed: 23 May 2026

Parties

2 named

Claimant

Ms T Kilmartin

Respondent

Sheirs Solicitors Ltd

Key findings

Tribunal's reasoning

The case was heard at Leeds from 16 to 20 September 2019 before Employment Judge JM Wade, with Mr T Downes and Mr M Taj sitting as the tribunal members. The tribunal rejected the constructive unfair dismissal claim and dismissed the first section 15 disability discrimination complaint about a missed recovery of vehicle damage payment in December 2017, which it said failed for reasons of limitation. It also dismissed the disability-related harassment, section 15 discrimination and victimisation complaints linked to alleged daily harassment over discrepancies with Access to Work taxi claims.

The tribunal rejected the claims about failures to make reasonable adjustments, including the complaints based on pay deducted due to sick leave, clawback, and adjusted finish times. It also dismissed the direct discrimination claims concerning pay deducted for time off, including the race, religious belief and sex complaints, and dismissed the religious belief complaint about refusal of paid time off on Christmas Eve and Maundy Thursday.

On the allegation that the claimant was forced to negotiate an early finish time on 25 September 2018, the tribunal rejected the race discrimination complaint but upheld the sex discrimination complaint. It further dismissed the harassment complaints related to race and/or religion arising from colleague ZB's conduct on 12 October 2018 and from the alleged incitement of a colleague to present a grievance. The extracted judgment does not record any monetary award.

Claims and outcomes

18 findings recorded

This 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
Constructive dismissal	Constructive unfair dismissal claim; not well founded.	Dismissed	—	—
Disability discrimination	Section 15 disability discrimination concerning a missed recovery of vehicle damage payment in December 2017; dismissed for limitation.	Dismissed	Disability	—
Harassment	Disability-related harassment concerning discrepancies with Access to Work taxi claims; described by the tribunal as daily harassment.	Dismissed	Disability	—
Disability discrimination	Section 15 disability discrimination concerning discrepancies with Access to Work taxi claims; dismissed.	Dismissed	Disability	—
Victimisation	Victimisation concerning discrepancies with Access to Work taxi claims; dismissed.	Dismissed	—	—
Disability discrimination	Failure to make reasonable adjustments based on pay deducted due to sick leave; dismissed.	Dismissed

Legal tests applied

7 references

Official outcome judgment PDF

Gov.uk primary record

The 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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