Case 2301117/2023 · Employment Tribunal
Ms N Linton v The Mayor and Burgesses of the London borough of Merton PRELIMINARY HEARING — 2024
- Case reference
- 2301117/2023
- Decision date
- 13 February 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hart Representation
Parties
2 namedClaimant
Ms N Linton
Key findings
Tribunal's reasoningAt the preliminary hearing on 13 February 2024, Employment Judge Hart found that Ms N Linton was disabled within section 6 of the Equality Act 2010 for the period between 28 March 2022 and 31 March 2023. The judgment records this as a preliminary issue and does not contain a merits finding on any discrimination liability.
The tribunal held that it did not have jurisdiction to consider the breach of contract claim under Article 7a of the Employment Tribunals (Extension of Jurisdiction) Order 1994 because the claim had been presented before the effective date of termination, and that claim was dismissed. The victimisation claim was dismissed upon withdrawal by the claimant, and the claim for unauthorised deduction of wages, limited to May 2022 sickness payments, was also dismissed upon withdrawal by the claimant. The written record states that reasons were given orally and that written reasons would not be provided unless requested within 14 days.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Preliminary issue only; the tribunal found the claimant was disabled under section 6 Equality Act 2010 between 28 March 2022 and 31 March 2023. | Other | Disability | — |
| Breach of contract | The tribunal held it had no jurisdiction under Article 7a of the Employment Tribunals (Extension of Jurisdiction) Order 1994 because the claim was submitted before the effective date of termination. | Dismissed | — | — |
| Victimisation | Dismissed upon withdrawal by the claimant. | Withdrawn | — | — |
| Unlawful deduction from wages | Dismissed upon withdrawal by the claimant; the issue was limited to May 2022 sickness payments. | Withdrawn | — | — |
Legal tests applied
2 references- section 6 Equality Act 2010
- Article 7a Employment Tribunals (Extension of Jurisdiction) Order 1994
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
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