Case 2304599/2023 · Employment Tribunal
Agnieszka Wilshire v Bourne Education Trust and 1 other — 2025
- Case reference
- 2304599/2023
- Decision date
- 26 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge D Wright
Parties
3 namedClaimant
Agnieszka Wilshire
Key findings
Tribunal's reasoningAt a preliminary hearing, the tribunal considered the Respondents' applications to strike out parts of the claim. Six pleaded direct race discrimination complaints were struck out because they were out of time and it would not be just and equitable to extend time. The race discrimination complaint alleging that the Second Respondent orchestrated the Claimant's dismissal remained in the case.
The tribunal dismissed the strike-out application for the direct age discrimination claims, noting caution in striking out discrimination claims where oral evidence may be important, but made deposit orders because it considered the claims had little reasonable prospects of success. The breach of contract strike-out application was also dismissed because it was arguable that changing the nature of the Claimant's work could amount to a breach of contract.
The flexible working claim was struck out for lack of jurisdiction. On the tribunal's assumed timetable, any breach occurred when no response was given within two months of the 5 October 2021 request, and the claim was issued over two years late.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Six direct race discrimination complaints were struck out as out of time and not just and equitable to extend time. The strike-out application was dismissed for the complaint that the Second Respondent orchestrated the Claimant's dismissal. | Struck out | Race | — |
| Age discrimination | The Respondent's application to strike out the direct age discrimination claims was dismissed. The tribunal made a deposit order because it considered the claims had little reasonable prospects of success. | Dismissed | Age | — |
| Breach of contract | The Respondent's application to strike out the breach of contract claim was dismissed. | Dismissed | — | — |
| Flexible working | The flexible working claim was struck out as out of time; the tribunal found it was reasonably practicable to issue the claim within the time limit. | Struck out | — | — |
Legal tests applied
7 references- just and equitable
- reasonably practicable
- continuing course of conduct
- burden of proof
- Kumari v Greater Manchester Mental Health NHS Foundation Trust [2022] EAT 132
- Anyanwu v South Bank Student Union [2001] ICR 391, [2001] UKHL 14
- Chandok v Tirkey UKEAT/0190/14/KN
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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