Case 2600812/2024 · Employment Tribunal
Ms D Fulcher v Barclays Bank UK plc — 2024
- Case reference
- 2600812/2024
- Decision date
- 5 September 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Moor Representation
- Venue
- Newcastle
Parties
2 namedClaimant
Ms D Fulcher
Respondent
Key findings
Tribunal's reasoningAt a public video hearing, the tribunal considered strike-out and deposit applications in claims brought by Ms Fulcher against Barclays Bank UK plc. The complaint of unfair dismissal under Part X of the Employment Rights Act 1996 was struck out as having no reasonable prospect of success.
The tribunal also struck out two disability discrimination claims concerning dismissal: direct disability discrimination under sections 13 and 39(2)(c) of the Equality Act 2010, and discrimination arising from disability under sections 15 and 39(2)(c). A further direct disability discrimination claim, concerning the respondent accepting AXA's investigation outcome without further inquiry and allegedly condoning the behaviour, was struck out.
The harassment claim relating to disability, based on the respondent accepting AXA's investigation outcome without further inquiry and allegedly condoning the behaviour, was not struck out. However, the tribunal made a deposit order as a condition of continuing with that claim. No monetary remedy was awarded in this judgment.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out as having no reasonable prospect of success. | Struck out | — | — |
| Disability discrimination | The claim that dismissal was direct disability discrimination under sections 13 and 39(2)(c) Equality Act 2010 was struck out as having no reasonable prospect of success. | Struck out | Disability | — |
| Disability discrimination | The claim that dismissal was disability discrimination under sections 15 and 39(2)(c) Equality Act 2010 was struck out as having no reasonable prospect of success. | Struck out | Disability | — |
| Harassment | The harassment relating to disability claim under sections 26 and 40 Equality Act 2010 was not struck out, but the tribunal ordered that a deposit be paid as a condition of continuing with the claim. | Other | Disability | — |
| Disability discrimination | The direct disability discrimination claim under sections 13 and 39(2)(d) Equality Act 2010 concerning acceptance of AXA's investigation outcome without further inquiry was struck out. | Struck out | Disability | — |
Legal tests applied
8 references- no reasonable prospect of success
- Part X Employment Rights Act 1996
- section 13 Equality Act 2010
- section 15 Equality Act 2010
- section 26 Equality Act 2010
- section 39(2)(c) Equality Act 2010
- section 39(2)(d) Equality Act 2010
- section 40 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.
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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