Mrs J Ward v Sternberg Reed LLP — 2023

This was a reserved judgment on Sternberg Reed's preliminary application. Mrs Ward, a solicitor, had brought a wider case including dismissal and discrimination complaints, but this hearing was limited to whether the disability-related claims and the bonus-related indirect sex/part-time workers claims should be struck out. The tribunal applied Rule 37 and the established strike-out authorities, noting that discrimination cases require caution but can be struck out where there is no reasonable prospect of success.

The disability-related claims were struck out. The tribunal found that Mrs Ward had never received a diagnosis of anxiety and depression from a GP or other medically qualified doctor, and that the records instead showed work-related stress and anxiety in 2019 and 2022. It accepted that a psychotherapist had referred to low-level reactive depression in April 2019, but treated that as linked to work problems rather than a disability for the purposes of section 6 of the Equality Act 2010. It also found that both sickness absences were substantially less than 12 months and that her health appeared to improve after she left employment.

The bonus complaint was also struck out. The tribunal found that Sternberg Reed operated an annual bonus policy in which each year's decision was a discrete stand-alone exercise, so the 2017/18 and 2018/19 complaints were significantly out of time and not part of a continuing series of acts. It rejected the argument that later disclosure of information justified a late claim, holding that there were no just and equitable grounds to extend time. No remedy was awarded because the relevant claims were struck out at the preliminary stage.