Case 1806784/2021 · Employment Tribunal
Ms Rodgers v Ministry of Defence — 2022
- Case reference
- 1806784/2021
- Decision date
- 8 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Knowles Representation
Parties
2 namedClaimant
Ms Rodgers
Respondent
Key findings
Tribunal's reasoningThe Tribunal considered the Respondent's Rule 37 application to strike out the part of the claim alleging failure to make reasonable adjustments concerning physical features of the Respondent's workplace at Leconfield. The Claimant's pleaded allegations concerned matters including the condition of the building, effects on her asthma, requests for workplace assessment or movement, and events before she went on special paid leave in March 2020.
The Tribunal concluded that, on the Claimant's pleaded case, the relevant decisions or actions occurred no later than February 2020, and that the pleaded case did not show a reasonably arguable continuing act or continuing omission extending the limitation period. The claim was presented in December 2021, around 18 months after the ordinary three-month time limit would have expired.
The Tribunal also concluded that the Claimant had not shown a reasonably arguable or prima facie case that it would be just and equitable to extend time. It took account of her reasons, the delay, her previous tribunal experience, her other claims continuing, and potential evidential difficulties. The reasonable adjustments claims in paragraphs 9 to 11 were therefore struck out as having no reasonable prospect of success.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The struck-out claim was the Claimant's failure to make reasonable adjustments claim under sections 20 and 21 Equality Act 2010 as set out in paragraphs 9 to 11 of the particulars of claim. Other pleaded or intimated claims were noted as requiring further case management and were not adjudicated in this judgment. | Struck out | Disability | — |
Legal tests applied
8 references- Rule 37 Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013
- Sections 20 and 21 Equality Act 2010
- Section 123 Equality Act 2010
- Kingston upon Hull City Council v Matuszowicz 2009 ICR 1170 CA
- Hendricks v Commissioner of Police of the Metropolis [2002] EWCA Civ 1686
- Robertson v Bexley Community Centre t/a Leisure Link [2003] IRLR 434
- E v X, L & Z 2020 UKEAT/0079/20/RN
- just and equitable extension of 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.
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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