Case 2309165/2024 · Employment Tribunal
Mr D Neale v Mitie Limited — 2025
- Case reference
- 2309165/2024
- Decision date
- 29 August 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Murdoch Representation
- Venue
- London South via CVP
Parties
2 namedClaimant
Mr D Neale
Respondent
Key findings
Tribunal's reasoningThis was a preliminary hearing concerning the respondent's strike-out application on abuse of process grounds and, in the alternative, time limits. The claimant had sleep epilepsy and Autistic Spectrum Disorder, which the respondent accepted were disabilities under section 6 EQA.
The tribunal found that the direct disability discrimination complaint, the failure to make reasonable adjustments complaint, and parts of the discrimination arising from disability and victimisation complaints could have been raised in the earlier 2023 proceedings or by amendment before the May 2024 hearing. Those complaints or parts of complaints were struck out as an abuse of process.
The unfair dismissal claim was not challenged by strike-out or time-bar arguments and remains. The dismissal-related parts of the discrimination arising from disability and victimisation complaints also remain, while the holiday pay claim for the 2023 calendar year was dismissed as approximately six months out of time.
Claims and outcomes
6 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 |
|---|---|---|---|---|
| Unfair dismissal | The respondent did not seek strike-out or argue abuse of process or time bar; the claim remains to proceed and was not finally determined in this preliminary judgment. | Other | — | — |
| Disability discrimination | Direct disability discrimination under section 13 was struck out as an abuse of process. | Struck out | Disability | — |
| Disability discrimination | Discrimination arising from disability under section 15 was partly struck out as an abuse of process in relation to not being allowed to return to work; the dismissal-related part remains. | Other | Disability | — |
| Disability discrimination | Failure to make reasonable adjustments under sections 20 and 21 was struck out as an abuse of process. | Struck out | Disability | — |
| Victimisation | Victimisation under section 27 was partly struck out as an abuse of process in relation to not being allowed to return to work and the January 2023 protected conversation; the dismissal-related part remains. | Other | — | — |
| Holiday pay | The holiday pay complaint was dismissed because it was out of time. |
Legal tests applied
3 references- Henderson v Henderson abuse of process principle
- Szucs v GreenSquareAccord Ltd [2025] EAT 110
- not reasonably practicable
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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