Case 2217131/2023 · Employment Tribunal
Ms Samantha Sewraj (as the personal representative of Mrs Soobawtee Sewraj) v Mark and Spencer plc — 2024
- Case reference
- 2217131/2023
- Decision date
- 16 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Adkin
- Venue
- in public at London Central
- Panel members
- Mr D Schofield, Ms Y Batchelor
Parties
2 namedClaimant
Ms Samantha Sewraj (as the personal representative of Mrs Soobawtee Sewraj)
Respondent
Key findings
Tribunal's reasoningThe tribunal heard the case in public at London Central on 1, 2 and 3 October 2024 before Employment Judge Adkin, with Mr D Schofield and Ms Y Batchelor as lay members. It held that two disability discrimination complaints were well-founded and would proceed to a remedy hearing: a section 15 Equality Act 2010 claim for unfavourable treatment because of something arising from disability, and a sections 20-21 claim for failure to make reasonable adjustments.
The tribunal dismissed the unfair dismissal complaint because it was brought out of time and the tribunal did not extend time. It also dismissed the section 19 Equality Act 2010 indirect disability discrimination complaint as not well-founded. The judgment does not record any award, and the remedy for the upheld discrimination claims was left for a later hearing.
Claims and outcomes
4 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 |
|---|---|---|---|---|
| Disability discrimination | Section 15 Equality Act 2010 claim: unfavourable treatment because of something arising from disability. | Upheld | Disability | — |
| Disability discrimination | Sections 20-21 Equality Act 2010 claim: failure to make reasonable adjustments. | Upheld | Disability | — |
| Unfair dismissal | Brought out of time; the tribunal did not extend time. | Dismissed | — | — |
| Disability discrimination | Section 19 Equality Act 2010 indirect disability discrimination claim; not well-founded. | Dismissed | Disability | — |
Legal tests applied
4 references- s.15 Equality Act 2010
- s.20-21 Equality Act 2010
- s.19 Equality Act 2010
- Employment Rights Act 1996 time limit
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.