Ms. H. Melville v Santander UK plc — 2018

At a preliminary hearing, the claimant withdrew three claims: a victimisation claim about ACAS Early Conciliation, an indirect disability discrimination claim about withheld pay after contractual sick pay was exhausted, and a discrimination arising from disability claim about contact concerning her grievance while her line manager was on annual leave. Those withdrawn claims were dismissed.

The Tribunal postponed the contested issue of whether the claimant was a disabled person for the purposes of the proceedings to the final hearing. It held that the disability discrimination claims were presented in time when measured from the last of a series of alleged acts, and that in any event time would have been extended on just and equitable principles.

On the respondent's application, one constructive unfair dismissal claim based on itemised payslips was dismissed as having no reasonable prospect of success. Other claims were made subject to deposit orders because they had little reasonable prospect of success, including a constructive unfair dismissal claim based on holiday pay and several disability-related harassment, discrimination arising from disability, direct discrimination, and reasonable adjustments allegations. Save for those rulings, the respondent's application to strike out or impose deposit orders on the remaining constructive unfair dismissal and disability discrimination claims was dismissed.