Case 3205426/2021 · Employment Tribunal
Ms K Desor v Department for Work and Pensions — 2023
- Case reference
- 3205426/2021
- Decision date
- 3 August 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Codd Members
- Panel members
- Mrs M Legg, Mr M Rowe
Parties
2 namedClaimant
Ms K Desor
Respondent
Key findings
Tribunal's reasoningThe Tribunal unanimously dismissed the claimant's harassment claim under s.26 Equality Act 2010, direct race discrimination claim under s.13, and discrimination arising from disability claim under s.15.
The Tribunal upheld one reasonable adjustment allegation. It found that the respondent failed to provide a reasonable adjustment between April 2021 and 28 November 2021 in respect of paragraph 8.1.3 of the list of issues, amounting to discrimination within ss.20 and 21 Equality Act 2010. The other pleaded reasonable adjustment allegations were dismissed.
The Tribunal recorded that only two of the eleven pleaded matters, those at paragraphs 8.1.3 and 8.1.5, were brought in time. It stated that for the other claims, even if any had merit, it would not have exercised discretion to allow them to proceed out of time. The matter was to be listed for a remedy hearing.
Claims and outcomes
5 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Harassment | The judgment states that the claimant was not harassed within the meaning of s.26 Equality Act 2010. The protected characteristic for this harassment claim is not specified in the extracted judgment text. | Dismissed | — | — |
| Race discrimination | Direct race discrimination under s.13 Equality Act 2010 was dismissed. | Dismissed | Race | — |
| Disability discrimination | Discrimination arising from disability under s.15 Equality Act 2010 was dismissed. | Dismissed | Disability | — |
| Disability discrimination | The Tribunal found a failure to provide a reasonable adjustment between April 2021 and 28 November 2021 in respect of paragraph 8.1.3 of the list of issues, within ss.20 and 21 Equality Act 2010. | Upheld | Disability | — |
| Disability discrimination | Other pleaded reasonable adjustment allegations under paragraphs 8.1.1, 8.1.2, 8.1.4 and 8.1.5 were dismissed. | Dismissed | Disability | — |
Legal tests applied
5 references- s.26 Equality Act 2010
- s.13 Equality Act 2010
- s.15 Equality Act 2010
- s.20 Equality Act 2010
- s.21 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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