Case 2401122/2020 · Employment Tribunal
Ms S Davies v HM Revenue and Customs — 2021
- Case reference
- 2401122/2020
- Decision date
- 19 March 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sharkett REPRESENTATION
- Venue
- Manchester
Parties
2 namedClaimant
Ms S Davies
Respondent
Key findings
Tribunal's reasoningThis was a preliminary hearing about the claimant's application to amend her claim and about case management for a final hearing. The claimant was represented by a family member and was not present. After the judge explained the different types of discrimination, the claimant's representative confirmed that she no longer pursued proposed amendments for indirect age discrimination, perceived age discrimination, or dismissal as age discrimination.
The only amendment pursued was to add a claim under s15 Equality Act 2010, with dismissal identified as the unfavourable treatment said to have arisen from absence from work arising from disability. The respondent conceded that this was a relabelling of facts already pleaded in the ET1 and did not contest the amendment.
The tribunal granted permission by consent to amend the claim to include the s15 Equality Act 2010 claim. The judgment did not decide the merits of the disability discrimination claim or any dismissal claim, and made no remedy award.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The judgment permitted an amendment by consent to include a claim under s15 Equality Act 2010 in respect of dismissal. It did not determine the merits of the s15 claim. | Other | Disability | — |
| Constructive dismissal | The judgment refers to dismissal facts pleaded in the ET1 under the heading 'Constructive Unfair Dismissal', but this preliminary hearing did not determine the merits of any dismissal claim. | Other | — | — |
Legal tests applied
3 references- Selkent Bus Company Limited v Moore 1996 ICR 836
- Abercrombie and Others v Aga Range Master Limited 2013 IRLR 953
- Presidential Guidance on general case management, Guidance Note one
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.
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