In person For the v Respondent — 2020

At the preliminary issue hearing on 25 February 2020, Employment Judge Hyams-Parish heard evidence from the claimant and Ms Ejenavi Agbonkpolo for the respondent. The tribunal recorded the claimant's 2015 and 2016 grievances and the August 2017 reorganisation that moved his role to Finance Business Partner and required him to work on the 7th floor. It made no finding on whether the claimant was a disabled person within the meaning of the Equality Act 2010 because no medical evidence was before it.

The tribunal struck out the unlawful deduction from wages claim concerning alleged non-payment of salary from November 2017 to dismissal. It held there was nothing before it showing an entitlement to salary while the claimant was absent without leave, and that any such issue was separate from a detriment claim. It also dismissed the breach of contract claim in CF2 for want of jurisdiction because the employment had not ended when that claim was presented.

On limitation, the tribunal held that the complaints in the April 2015/2016 grievances and the October 2017 grievance were two distinct groups and not a continuing act. It therefore dismissed as out of time the pre-11 August 2017 discrimination and detriment claims, including the disability discrimination, harassment, victimisation, reasonable-adjustments and health and safety allegations, and refused a just and equitable extension because the delay was not adequately explained and the respondent would be prejudiced by having to deal with very old evidence. It noted that any allegations arising between 11 August and 5 October 2017 would be addressed at the final hearing.