Case 2601275/2018 · Employment Tribunal
Emily Smith v Leicester City Council — 2019
- Case reference
- 2601275/2018
- Decision date
- 17 October 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Adkinson
- Panel members
- Mrs B Tidd, Ms R Wills
Parties
2 namedClaimant
Emily Smith
Respondent
Key findings
Tribunal's reasoningThe Tribunal sat with Employment Judge Adkinson, Mrs B Tidd and Ms R Wills. The claimant withdrew her claim of direct sex discrimination, and the Tribunal recorded that the direct sex discrimination complaint under Equality Act 2010 section 13 and Part III was dismissed.
The Tribunal dismissed the flexible working complaint under Employment Rights Act 1996 section 80H. It found that the complaint had been presented out of time and that it had been reasonably practicable to present it in time, so the Tribunal did not have jurisdiction to hear it.
The Tribunal also dismissed the complaint of indirect sex discrimination under Equality Act 2010 section 19 and Part III. The judgment records that reasons were given orally and that written reasons would only be provided if requested.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Sex discrimination | Direct sex discrimination under Equality Act 2010 section 13 and Part III. The judgment records that the claimant withdrew this claim and then states the complaint is dismissed. | Dismissed | Sex | — |
| Flexible working | Complaint of failure to discharge duties for considering a request for flexible working under Employment Rights Act 1996 section 80H. The Tribunal found it was presented out of time, that it had been reasonably practicable to present it in time, and that it therefore had no jurisdiction to hear it. | Dismissed | — | — |
| Sex discrimination | Indirect sex discrimination under Equality Act 2010 section 19 and Part III. | Dismissed | Sex | — |
Legal tests applied
3 references- Equality Act 2010 section 13 and Part III
- Employment Rights Act 1996 section 80H
- Equality Act 2010 section 19 and Part III
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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