Case 2303937/2024 · Employment Tribunal
Joshua Harper v Gatwick Airport Limited — 2024
- Case reference
- 2303937/2024
- Decision date
- 8 April 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge O’Neill Representation
Parties
2 namedClaimant
Joshua Harper
Respondent
Key findings
Tribunal's reasoningAt a preliminary hearing, the Tribunal considered whether the Claimant's sexual harassment claim had been presented in time and whether time should be extended on a just and equitable basis. The judgment records that the claim was nearly three months out of time, and that the Claimant relied on poor mental health, a difficult home life, and his wish to let the internal process run its course.
The Tribunal took account of the Claimant's circumstances, his engagement with ACAS and the disciplinary process, the fact that he had union support, the length of the delay, prejudice to both parties, and the overriding objective. It decided that it was not just and equitable to extend time for the sexual harassment claim.
The Tribunal also recorded that the race discrimination claim was withdrawn before the hearing, and that the notice pay and disability discrimination claims were withdrawn during the hearing. The unfair dismissal claim was found to have been presented within the primary time limit and was left to proceed.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Harassment | The judgment describes this as a claim of sexual harassment contrary to s26 Equality Act 2010 and decides it was presented out of time; the Tribunal was not persuaded to extend time. | Dismissed | Sex | — |
| Race discrimination | Withdrawn by the Claimant prior to the hearing. | Withdrawn | Race | — |
| Wrongful dismissal | The judgment refers to this as a claim for notice pay and records that it was withdrawn by the Claimant during the hearing. | Withdrawn | — | — |
| Disability discrimination | Withdrawn by the Claimant during the hearing. | Withdrawn | Disability | — |
| Unfair dismissal | The judgment records that the unfair dismissal claim was presented within the primary time limit and proceeds; it was not finally adjudicated in this judgment. | Other | — | — |
Legal tests applied
7 references- s.123 Equality Act 2010
- s.140B Equality Act 2010
- just and equitable extension of time
- Abertawe Bro Morgannwg University Local Health Board v Morgan [2018] ICR 1194
- Apelogun-Gabriels v London Borough of Lambeth [2002] IRLR 116
- Robinson v Post Office
- overriding objective
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.
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