Case 2200516/2020 · Employment Tribunal

In person For the v Respondent — 2020

Case reference: 2200516/2020
Decision date: 11 December 2020
Jurisdiction: England & Wales
Judge: Employment Judge Welch

Indexed: 21 May 2026

Parties

1 named

Claimant

In person For the

Respondent

Key findings

Tribunal's reasoning

The claimant was a BBC World Service broadcast journalist in the Arabic Radio team. She had raised a grievance in January 2017 about gender-related issues and a further grievance in August 2018 seeking a move to another team. On 13 September 2019 she was told that her substantive role remained in radio. The tribunal recorded that she later refused to return to radio, sought voluntary redundancy, and signed acceptance on 9 December 2019.

The tribunal struck out the unfair dismissal claim and the breach of contract claim under Rule 37 because neither had a reasonable prospect of success. On unfair dismissal, it found that the claimant had actively sought voluntary redundancy, did not want to discuss it further, and could not complain that termination took that form. On contract, it held that she chose 9 December 2019 as her leaving date and was not ready and willing to work in the radio role, so the claims for unpaid wages and notice pay failed.

The respondent had conceded disability in August 2020, so disability status was not in issue. The tribunal held that the later disciplinary outcome letter was not a fresh decision because it only expressed a view on the earlier decision and was issued after employment had ended. It therefore treated any continuing act as ending on 13 September 2019, found the discrimination and victimisation complaints out of time on their face, and then extended time under section 123 Equality Act 2010 after weighing the claimant's health, her prompt steps after termination, the documentary email record, and the prejudice to both sides. Those claims were allowed to proceed to a full merits hearing.

Claims and outcomes

4 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The tribunal accepted that the claimant was dismissed by voluntary redundancy in law, but struck out the unfair dismissal claim because she had actively sought voluntary redundancy, declined discussion, and signed acceptance.	Struck out	—	—
Breach of contract	This covered the pleaded unpaid wages point from September 2019 to dismissal and the notice pay point. The tribunal held that the claimant chose 9 December 2019 as the termination date and was not ready and willing to work in her substantive radio role, so both parts had no reasonable prospect of success.	Struck out	—	—
Disability discrimination	The complaint was framed as a failure to make a reasonable adjustment by refusing a move to another team. The tribunal held that any continuing act ended on 13 September 2019, but it extended time under section 123 Equality Act 2010; the merits were not determined at this hearing.	Other	Disability	—
Victimisation	This claim was based on the January 2017 grievance as the protected act. The tribunal held the claim was out of time on its face but it was just and equitable to extend time; the merits were not determined at this hearing.	Other	—	—

Legal tests applied

11 references

Official outcome judgment PDF

Gov.uk primary record

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