Case 2500016/2021 · Employment Tribunal
A Lonsdale v The Barn Childcare Ltd — 2022
- Case reference
- 2500016/2021
- Decision date
- 8 July 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge O’Dempsey
- Venue
- Newcastle Upon Tyne
- Panel members
- Mr Wykes, Mr Gallager
Parties
2 namedClaimant
A Lonsdale
Respondent
Key findings
Tribunal's reasoningAt Newcastle upon Tyne, after the hearing on 27 June 2022 to 1 July 2022, the tribunal held that the claimant's complaint under section 15 Equality Act 2010 succeeded and declared that breach. It also held that the section 20 Equality Act 2010 claim had been presented outside the applicable time limit and refused to extend time because it was not just and equitable to do so.
On the employment claims, the tribunal found that the claimant was an employee for the purposes of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 and that the dismissal took effect on 19 October 2020 without notice, so one week's notice pay of £160.03 was due. The tribunal also upheld the unlawful deductions from wages claim and ordered payment of agreed holiday pay of £907.37.
The separate claim for loss of wages arising from the section 15 breach did not succeed. For the section 15 claim, the tribunal ordered £10,000 for injury to feelings and £2,088 interest. The total monetary award recorded by the judgment was £13,155.40.
Claims and outcomes
4 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Breach of section 15 Equality Act 2010 succeeded. The tribunal also held that the claimant's separate claim for loss of wages arising from that breach did not succeed. Awarded £10,000 for injury to feelings plus £2,088 interest. | Upheld | Disability | £12,088 |
| Disability discrimination | Breach of section 20 Equality Act 2010 was presented outside the applicable time limit. The tribunal refused to extend time because it was not just and equitable to do so. | Dismissed | Disability | — |
| Breach of contract | The tribunal found the claimant was an employee for the purposes of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 and was dismissed without notice on 19 October 2020. One week's notice pay was awarded by agreement. | Upheld | — | £160 |
| Unlawful deduction from wages | Holiday pay was awarded as an unlawful deductions from wages claim. The sum was agreed between the parties. | Upheld | — | £907 |
Remedy
Monetary award- Total award
- £13,155
- across all upheld claims
Legal tests applied
4 references- section 15 Equality Act 2010
- section 20 Equality Act 2010
- not just and equitable to extend time
- Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
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.
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