Case 2300185/2018 · Employment Tribunal
Mr N Clark, Counsel For the v Respondent — 2019
- Case reference
- 2300185/2018
- Decision date
- 21 October 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hyde Dated
Parties
1 namedClaimant
Mr N Clark, Counsel For the
Respondent
- —
Key findings
Tribunal's reasoningThis was an open preliminary hearing on 11 September 2019 before Employment Judge Hyde sitting alone. The tribunal recorded that the remaining discrimination and/or victimisation claims under the Equality Act 2010, together with the remaining unfair dismissal claim(s) under the Employment Rights Act 1996 that were not set out in the Agreed List of Issues, were dismissed forthwith on withdrawal. The March 2016 disability harassment allegation was also withdrawn during the hearing.
Of the issues that remained in the Agreed List of Issues, the complaint alleging a failure to make reasonable adjustments at paragraph 14, so far as it related to September 2016, was struck out because it had been presented out of time and the tribunal had no jurisdiction to determine it under section 123 of the Equality Act 2010. The race harassment complaint concerning the profile of the WhatsApp group in January 2017 was struck out for the same reason.
The respondent's applications to strike out the complaints on the basis that they had no reasonable prospects of success were refused. No substantive merits findings or monetary award were made in this judgment; the dispositive outcomes were withdrawal and strike out only.
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 |
|---|---|---|---|---|
| Unfair dismissal | Remaining unfair dismissal claim(s) not otherwise set out in the Agreed List of Issues were dismissed forthwith on withdrawal. | Withdrawn | — | — |
| Other | Remaining discrimination and/or victimisation claims under the Equality Act 2010 not otherwise set out in the Agreed List of Issues were dismissed forthwith on withdrawal. | Withdrawn | — | — |
| Harassment | The March 2016 disability harassment allegation was withdrawn during the hearing on 11 September 2019. | Withdrawn | Disability | — |
| Disability discrimination | The complaint alleging failure to make reasonable adjustments at paragraph 14 of the List of Issues, in so far as it related to September 2016, was struck out as presented out of time under section 123 of the Equality Act 2010. | Struck out | Disability | — |
| Harassment | The race harassment complaint at paragraphs 25-28 of the List of Issues and paragraphs 2-3 of the particulars of complaint, concerning the profile of the WhatsApp group in January 2017, was struck out as presented out of time under section 123 of the Equality Act 2010. | Struck out | Race | — |
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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