Case 2407961/2022 · Employment Tribunal
Ms K Hargreaves v Ian Ambrose & others — 2023
- Case reference
- 2407961/2022
- Decision date
- 12 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sharkett REPRESENTATION
Parties
2 namedClaimant
Ms K Hargreaves
Respondent
Key findings
Tribunal's reasoningAt a preliminary hearing, the claimant withdrew her age and sex discrimination claims, which were dismissed upon withdrawal. She continued to pursue unfair dismissal and disability discrimination claims, including an allegation against R5 under sections 13 and 26 of the Equality Act 2010.
The Tribunal found that the claim against R5 had been presented eight days out of time, but that it was just and equitable to extend time. It took account of the short delay, the claimant's explanation concerning her mental health, the likely effect on evidence, and the balance of hardship.
The Tribunal also refused R5's application to strike out the claim on the basis of no reasonable prospects of success. It found that there were disputed factual issues about the exchange relied on, R5's knowledge of the claimant's mental health, and whether the events formed part of a wider course of conduct, so oral evidence would be required before the claim could be determined.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Age discrimination | The claimant's age discrimination claim against all respondents was dismissed upon withdrawal at the preliminary hearing. | Withdrawn | Age | — |
| Sex discrimination | The claimant's sex discrimination claim against all respondents was dismissed upon withdrawal at the preliminary hearing. | Withdrawn | Sex | — |
| Disability discrimination | The Tribunal extended time for the disability discrimination claim against R5 and refused R5's strike-out application. The merits were not determined and the claim was allowed to proceed. | Other | Disability | — |
| Harassment | The allegation against R5 was described as unlawful discrimination under sections 13 and 26 of the Equality Act 2010. The Tribunal refused the strike-out application and the merits were not determined. | Other | Disability | — |
| Unfair dismissal | The claimant continued to pursue an unfair dismissal claim. This preliminary judgment did not determine the merits of that claim. | Other | — | — |
Legal tests applied
7 references- s.123(1) Equality Act 2010
- s.123(3) Equality Act 2010
- Rule 37 Employment Tribunal Rules of Procedure
- Anyanwu v Southbank Student Union [2001] ICR 391
- Morgan v Royal Mencap Society [2016] IRLR 428
- s.13 Equality Act 2010
- s.26 Equality Act 2010
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
- Open official judgment 4 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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