Mr M Carter v Parkland Estates Limited and 1 other — 2020

The tribunal unanimously held that it had jurisdiction to consider the complaints of failure to make adjustments and indirect discrimination only for the period June to September 2018. Claims based on earlier periods were out of time, and it was not just and equitable to extend time for those earlier complaints. For the June to September 2018 period, Parkland Estates Limited failed in its duty to make adjustments and indirectly discriminated against Mr Carter. The tribunal also held that it had no jurisdiction to consider complaints of harassment or discrimination arising from disability before September 2018. It found that Mr Robinson did not harass the claimant in September 2018. It further found that, even if harassment had occurred, it would not have contravened the Equality Act 2010 because it was not in the course of Mr Robinson's employment with Parkland Estates Limited and was not in relation to the claimant's employment. On the discrimination arising from disability complaint, the tribunal found that Mr Robinson discriminated against the claimant in September 2018 because of something arising in consequence of his disability, but held that this did not contravene the Equality Act 2010 because it was not in the course of Mr Robinson's employment with Parkland Estates Limited. By way of remedy, Parkland Estates Limited was ordered to pay £4,500 damages plus £600 interest for the discrimination findings, and a further £600 under section 38 of the Employment Act 2002, making a total award of £5,700.