Case 3200143/2024 · Employment Tribunal
Miss Seher Sidwell v National Express Limited — 2024
- Case reference
- 3200143/2024
- Decision date
- 17 July 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Barrett Representation
Parties
2 namedClaimant
Miss Seher Sidwell
Respondent
Key findings
Tribunal's reasoningAt a hearing on 17 July 2024 before Employment Judge Barrett, Miss Seher Sidwell's claims against National Express Limited were considered on limitation and status issues. The tribunal held that the complaint of failure to make reasonable adjustments relating to cervical disc disorder was presented within the applicable time limit and would therefore proceed.
The tribunal also held that the complaint of failure to make reasonable adjustments relating to perimenopausal symptoms was not presented within the primary time limit, but it was just and equitable to extend time, so that complaint would also proceed. In relation to those disability complaints, the tribunal found that at the relevant times the claimant was a disabled person within section 6 Equality Act 2010 because of cervical disc disorder and perimenopausal symptoms.
By contrast, the direct race discrimination complaint was found to be out of time and the tribunal refused to extend time, so it was dismissed. The trade union detriment complaint was also found to be out of time; the tribunal held that it was reasonably practicable to present it in time and dismissed that complaint as well. No merits findings or monetary award are recorded in this judgment.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The complaint relating to cervical disc disorder was found to have been presented within the applicable time limit and was allowed to proceed. No merits decision is recorded in this judgment. | Other | Disability | — |
| Disability discrimination | The complaint relating to perimenopausal symptoms was initially out of time, but the tribunal held it just and equitable to extend time and allowed it to proceed. No merits decision is recorded in this judgment. | Other | Disability | — |
| Race discrimination | The direct race discrimination complaint was presented out of time and the tribunal refused to extend time, so it was dismissed. This judgment does not determine the merits. | Dismissed | Race | — |
| Trade union | The trade union detriment complaint was presented out of time; the tribunal held it was reasonably practicable to present it in time and dismissed it. This judgment does not determine the merits. | Dismissed | — | — |
Legal tests applied
3 references- section 6 Equality Act 2010
- just and equitable to extend time
- 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
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