Ms A Marrett v Barclays Bank UK plc HELD AT: London South (hybrid hearing) — 2024

This was a liability-only judgment in a disability discrimination and holiday pay claim brought by Ms Marrett, a Community Banker, against Barclays Bank UK Plc. Disability was not disputed. The complaints spanned events from 2017 to 2023 and were heard over several days in April, May, June and September 2024 before Employment Judge Hart sitting with Mr Mardner and Mr Dixon. The claimant did not produce a witness statement; the tribunal permitted her claim form and chronology to stand as her evidence in chief.

The tribunal unanimously upheld two complaints of harassment related to disability arising from comments made to the claimant by her line manager Mr Samad in 2022: that she would no longer be working on the till due to her disability and that she should not handle an item in the machine area because of her health (issues 6.2.16 and 6.2.20). All other complaints, including the remaining disability discrimination, reasonable adjustments, victimisation and holiday pay claims, were not well founded and were dismissed.

On time limits, the tribunal accepted that the two successful complaints were in time once the ACAS early conciliation extension under s.140B EA 2010 was applied, and in the alternative exercised its just and equitable discretion to extend time, noting the short delay and the absence of particular prejudice to the respondent. Remedy in respect of the two upheld harassment complaints was listed for a separate two-hour hearing, with the parties encouraged to seek private agreement in the interim.