Case 2501048/2023 · Employment Tribunal
Miss S Kirkby v Action 4 Care Ltd PUBLIC PRELIMINARY HEARING — 2022
- Case reference
- 2501048/2023
- Decision date
- 1 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Moss Appearances
- Venue
- Newcastle via CVP
Parties
2 namedClaimant
Miss S Kirkby
Key findings
Tribunal's reasoningAt a public preliminary hearing heard by CVP in Newcastle before Employment Judge Moss on 23 November 2023, the tribunal dealt with limitation and amendment issues in Miss S Kirkby's case against Action 4 Care Ltd. The judgment records that the hearing did not determine the merits of any discrimination complaint; it dealt only with whether the existing unfair dismissal claim could proceed and whether proposed amendments should be allowed.
The tribunal held that the unfair dismissal claim had been presented out of time. It found that it was reasonably practicable for the claim to have been presented in time and therefore dismissed that claim.
The tribunal refused the claimant's application to amend the claim to add a failure to make reasonable adjustments complaint. It also granted the claimant's application to amend the claim to add section 15 Equality Act 2010 complaints alleging discrimination arising from disability, in relation to the respondent investigating her work and timekeeping in August 2022 and criticising her work over four hours in a meeting on 1 September 2022.
No remedy was awarded in the judgment, and the amended disability complaints were allowed to proceed only as amended claims rather than being decided on their merits at this stage.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The unfair dismissal claim was presented out of time. The tribunal found it was reasonably practicable for the claim to have been presented in time and dismissed it. | Dismissed | — | — |
| Disability discrimination | The claimant's application to amend the claim to add a failure to make reasonable adjustments complaint was refused. Liability on that proposed disability claim was not determined. | Other | Disability | — |
| Disability discrimination | The claimant's application to amend the claim to add section 15 Equality Act 2010 complaints alleging discrimination arising from disability was granted in relation to the respondent investigating work and timekeeping in August 2022 and criticising work over four hours in a meeting on 1 September 2022. Liability on those amended allegations was not determined. | Other | Disability | — |
Legal tests applied
1 reference- reasonably practicable
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.