In person For the v Respondent — 2021

The Claimant, Mrs E Walker, brought four claims against the London Borough of Lewisham. The tribunal, sitting alone before Employment Judge Morton on 26 May 2021, dismissed each claim. No written reasons were provided in the decision record, which notes that reasons were given orally at the hearing.

The claim of detriment under s44 Employment Rights Act 1996 was dismissed because the Claimant withdrew it at the case management hearing on 3 February 2021. The separate detriment claim relating to trade union activity was dismissed because it was presented outside the statutory time limit in s48(3)(a) ERA 1996 and the Claimant had not shown that it was not reasonably practicable to bring it in time under s48(3)(b).

The claim of less favourable treatment as a part-time worker was dismissed under Rule 37. The tribunal held it had no reasonable prospect of success because the comparator relied on was not a comparable full-time worker within Regulation 2(4)(a) of the Part Time Workers Regulations 2000. The direct sex discrimination claim under s13 Equality Act 2010 was also dismissed under Rule 37 because the comparators were in materially different circumstances from the Claimant for the purposes of s23(1) Equality Act 2010.