Case 2301700/2024 · Employment Tribunal
Mr Daniel Sargent v Marstons plc — 2024
- Case reference
- 2301700/2024
- Decision date
- 9 July 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fowell Representation
Parties
2 namedClaimant
Mr Daniel Sargent
Respondent
Key findings
Tribunal's reasoningAt a preliminary hearing at Croydon by video on 9 July 2024, Employment Judge Fowell considered a preliminary issue in Mr Daniel Sargent's claim against Marstons plc. The tribunal struck out the claim of harassment or discrimination on grounds of sex under rule 37(1)(a) as out of time, finding there was no reasonable prospect of the tribunal having jurisdiction to consider it.
The tribunal did not finally determine the other claims. It ordered that the remaining claims based on the claimant's dismissal, including allegations of harassment on grounds of disability and sexual orientation said to have culminated in dismissal, should proceed to a final hearing on 10 February 2025. No remedy or monetary award was made in this judgment.
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 |
|---|---|---|---|---|
| Sex discrimination | Struck out under rule 37(1)(a) as out of time, with no reasonable prospect of the tribunal having jurisdiction to consider it. | Struck out | Sex | — |
| Harassment | The judgment describes a claim of harassment or discrimination on grounds of sex and strikes it out as out of time. | Struck out | Sex | — |
| Unfair dismissal | The dismissal-based claims were not finally determined in this preliminary judgment and were ordered to proceed to a final hearing on 10 February 2025. | Other | — | — |
| Harassment | Allegations of harassment on grounds of disability said to have culminated in dismissal were ordered to proceed to a final hearing. | Other | Disability | — |
| Harassment | Allegations of harassment on grounds of sexual orientation said to have culminated in dismissal were ordered to proceed to a final hearing. | Other | Sexual orientation | — |
Legal tests applied
1 reference- rule 37(1)(a)
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
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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