Case 2205739/2019 · Employment Tribunal
In person For the v Respondent — 2020
- Case reference
- 2205739/2019
- Decision date
- 31 July 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Spencer
Parties
1 namedClaimant
In person For the
Respondent
- —
Key findings
Tribunal's reasoningAt this open preliminary hearing on 29 July 2020, Employment Judge Spencer found that the claimant was a disabled person for the period June 2018 to March 2019. That finding was recorded separately from the tribunal's procedural decisions on the claims before it.
The tribunal held that the claimant's discrimination arising from disability claim could not be heard because it had been presented outside the time limit in section 123(1) of the Equality Act 2010. The judgment records the result as a lack of jurisdiction rather than a determination of the claim on its merits.
The tribunal also struck out the claimant's victimisation claim as having no reasonable prospect of success. Its reason was that the grievance relied on by the claimant was not a protected act for the purposes of section 27 of the Equality Act 2010.
The judgment notes that the claimant's unfair constructive dismissal claim remained listed to be heard before an Employment Judge sitting alone beginning on 15 September 2020, and no substantive decision was made on that claim at this hearing.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The tribunal found the claimant was a disabled person for the period June 2018 to March 2019, but held it had no jurisdiction to hear the discrimination arising from disability claim because it was presented outside the time limit in section 123(1) Equality Act 2010. | Other | Disability | — |
| Victimisation | The tribunal struck out the victimisation claim as having no reasonable prospect of success because the grievance relied on was not a protected act within section 27 Equality Act 2010. | Struck out | Disability | — |
Legal tests applied
2 references- s.123(1) Equality Act 2010
- s.27 Equality Act 2010
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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