Case 2201414/2021 · Employment Tribunal
Mr J Wilkinson v The Commissioner of Police of the Metropolis and 3 others — 2022
- Case reference
- 2201414/2021
- Decision date
- 15 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Stout Appearances
Parties
5 namedClaimant
Mr J Wilkinson
Key findings
Tribunal's reasoningThis was an open preliminary hearing concerning the Claimant's second claim and whether it should be struck out and/or consolidated with the first claim. The Tribunal identified the second claim as including a victimisation claim against the First Respondent about the failure to change the Claimant's line manager between 24 March 2021 and May 2021, and claims against the Second to Fourth Respondents for discrimination arising from disability and for causing or aiding alleged contraventions by the First Respondent.
The Tribunal refused to strike out the victimisation claim against the First Respondent. It found that the Claimant had a reasonably arguable case for a just and equitable extension of time, taking into account the 10 February 2021 email, the Claimant's explanation for the delay, the close link with the existing first claim, and the limited additional evidence required from the First Respondent.
The Tribunal struck out the claims against the Second to Fourth Respondents. It found there was no reasonable prospect of a just and equitable extension of time for those claims, noting the delay, prejudice to those respondents, overlap with the first claim, and the apparent weakness of the claims. The Tribunal also considered that the Claimant would suffer no real prejudice from not proceeding against the SSCL Respondents because the claims substantially overlapped with claims against the First Respondent.
Claims and outcomes
5 findings recordedThis 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 |
|---|---|---|---|---|
| Victimisation | The First Respondent's strike-out application was refused. The victimisation claim in case 2204734/2022 was allowed to proceed with case 2201414/2021, subject to the Tribunal at the final hearing finding jurisdiction under s 123 EA 2010. | Other | — | — |
| Disability discrimination | The discrimination arising from disability claim concerning advice to consider Unsatisfactory Police Performance action was struck out against the Second to Fourth Respondents as having no reasonable prospect of success. | Struck out | Disability | — |
| Harassment | The causing/aiding claim alleging that the Second to Fourth Respondents knowingly helped or caused harassment by requiring the Claimant to be line managed by Inspector Matthews was struck out. | Struck out | Disability | — |
| Disability discrimination | The causing/aiding claim alleging that the Second to Fourth Respondents knowingly helped or caused a failure to make reasonable adjustments about line management location was struck out. | Struck out | Disability | — |
| Victimisation | The causing/aiding claim alleging that the Second to Fourth Respondents knowingly helped or caused victimisation by not changing the Claimant's line manager between 24 March 2021 and May 2021 was struck out. |
Legal tests applied
14 references- Rule 37(1)(a) no reasonable prospect of success
- s 123 EA 2010 just and equitable extension
- s 140B EA 2010 ACAS Early Conciliation extension
- s 15 EA 2010 discrimination arising from disability
- s 27 EA 2010 victimisation
- s 111/112 EA 2010 causing or aiding contraventions
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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.
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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