Case 2604014/2020 · Employment Tribunal
YZ v UPS limited — 2021
- Case reference
- 2604014/2020
- Decision date
- 14 December 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ahmed
Parties
2 namedClaimant
YZ
Respondent
Key findings
Tribunal's reasoningThe Claimant brought proceedings described in the judgment as constructive dismissal and sexual harassment. This preliminary hearing concerned only the Respondent's application to strike out the sexual harassment complaint, or alternatively to require a deposit order before that complaint could continue.
The tribunal recorded the Respondent's arguments that the alleged acts were not in the course of employment, were out of time, and that the Respondent had taken all reasonable steps to prevent harassment. The tribunal found that the distinction between acts in and outside the course of employment was not plain and obvious without hearing evidence, and that there was a central core of disputed facts.
The strike-out application was dismissed because the issues were fact-sensitive and should be determined after evidence. The tribunal also refused a deposit order, finding no proper basis at that stage for doubting the Claimant's ability to establish the essential facts. No final determination was made on the merits of the harassment or constructive dismissal complaints, and no remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Harassment | The tribunal dismissed the Respondent's application to strike out the sexual harassment complaint and also dismissed the application for a deposit order. The merits of the harassment complaint were not determined. | Other | Sex | — |
Legal tests applied
7 references- Rule 37 Employment Tribunal Rules of Procedure 2013
- Rule 39 Employment Tribunal Rules of Procedure 2013
- Anyanwu v South Bank Students' Union
- Ezsias v North Glamorgan NHS Trust
- Van Rensburg v Royal Borough of Kingston-upon-Thames
- in the course of employment
- just and equitable grounds
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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