Case 2302987/2019 · Employment Tribunal
Mr K Siwek v Asda Stores Limited PRELIMINARY HEARING — 2021
- Case reference
- 2302987/2019
- Decision date
- 10 February 2021
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Mr K Siwek
Respondent
Key findings
Tribunal's reasoningAt a preliminary hearing before Judge Brian Doyle on 10 February 2021, the tribunal found that Mr K Siwek was not a disabled person at the relevant time within section 6 and Schedule 1 of the Equality Act 2010. The disability discrimination complaint against Asda Stores Ltd was therefore dismissed.
The judgment also recorded a complaint in respect of contractual sick pay for the period from 8 April 2019 to 27 July 2019. That complaint was allowed to proceed to a final hearing, subject to a separately made deposit order. No final merits finding or monetary award is recorded for that issue in this judgment.
The tribunal held that the claim had not at any time contained a complaint of unfair dismissal arising from the claimant's dismissal in November 2019, whether in the original ET1, a fresh ET1, or the witness statement. An application to amend the claim to add unfair dismissal was refused under the Selkent principles because it was a new cause of action, out of time, could reasonably have been presented earlier, and the balance of hardship and justice did not favour a late amendment.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The tribunal held that the claimant was not a disabled person at the relevant time within the meaning of section 6 and Schedule 1 of the Equality Act 2010, so the disability discrimination complaint was dismissed. | Dismissed | Disability | — |
| Breach of contract | Complaint in respect of contractual sick pay for the period from 8 April 2019 to 27 July 2019 only. The judgment states that this complaint may proceed to a final hearing, subject to a deposit order separately made. | Other | — | — |
Legal tests applied
2 references- s.6 and Schedule 1 Equality Act 2010
- Selkent Bus Co Ltd v Moore [1996] ICR 836
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
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.