Case 2407194/2021 · Employment Tribunal
Miss D Fisher v Tesco Stores Ltd — 2022
- Case reference
- 2407194/2021
- Decision date
- 12 December 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Slater Date
Parties
2 namedClaimant
Miss D Fisher
Respondent
Key findings
Tribunal's reasoningThe claimant applied for reconsideration of a judgment sent to the parties on 12 December 2022, with written reasons sent on 16 January 2023. Employment Judge Slater considered the revised reconsideration application dated 24 January 2023.
The Tribunal recorded that the December 2022 hearing had dealt with complaints of direct disability discrimination concerning alleged acts or omissions by Richard Wareham. Complaints of failure to make reasonable adjustments had already been dismissed at a preliminary hearing and were not before the Tribunal at the December 2022 hearing. In the original decision, some direct discrimination allegations were not made out on the facts, and for those proved as facts the claimant had not discharged the initial burden of proof.
The reconsideration application did not identify incorrect findings of fact, new evidence arising since the hearing, or factors said to show that the initial burden of proof had been met. The judge concluded there was no reasonable prospect of the original decision being varied or revoked and refused the reconsideration application.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The judgment records that the December 2022 hearing concerned complaints of direct disability discrimination. Some allegations were not made out on the facts, and for allegations proved as facts the Tribunal concluded that the claimant had not discharged the initial burden of proof. The present judgment refused the claimant's reconsideration application. Complaints of failure to make reasonable adjustments had been dismissed at a preliminary hearing on 11 April 2022 and were not considered at the December 2022 hearing. | Dismissed | Disability | — |
Legal tests applied
5 references- rule 70 interests of justice
- Rule 72(1) of the 2013 Rules of Procedure
- Liddington v 2Gether NHS Foundation Trust
- overriding objective in rule 2 of the 2013 Rules of Procedure
- initial burden of proof
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.