Ms D Bespalyi v East Midlands Ambulance Service NHS Trust — 2020

At a preliminary hearing on 24 August 2020 before Employment Judge Adkinson sitting alone, the tribunal recorded that several discrimination claims had been withdrawn and therefore dismissed. Those withdrawn claims were direct discrimination because of association with a disabled person, discrimination because of something arising from a disability, indirect discrimination because of sex, indirect discrimination by association with a disabled person, and failure to make reasonable adjustments.

The tribunal also held that it did not have jurisdiction to hear the direct sex discrimination, harassment because of sex, and victimisation claims because they were out of time and it was not just and equitable to extend time. Those claims were dismissed on that basis.

The protected disclosure claims were not finally determined. The tribunal adjourned the question of whether the detriment claim was in time, and if not whether time should be extended, to the final hearing. It also refused to strike out the constructive unfair dismissal, automatic unfair dismissal because of protected disclosure, and detriment claims on the basis that they had no real prospect of success, and it refused to order the claimant to pay a deposit. The case was directed to proceed to a final hearing under separate directions.