Miss S Gacevic v Rockley Dene Homes Ltd (T/a Cherry Hinton Care Home) — 2021

At the preliminary hearing on 1 February 2021, Employment Judge Tuck QC heard the claimant in person and the respondent by solicitor. The claimant had brought complaints of disability discrimination, unlawful deductions from wages, and unpaid holiday pay. The tribunal noted that she lacked two years' service for an ordinary unfair dismissal claim, but that issue was not the subject of the judgment.

The disability discrimination claim was dismissed because the tribunal found that Miss Gacevic had not shown that she was disabled within section 6 of the Equality Act 2010. The tribunal recorded the claimant's repeated position that she did not have any disability. It also considered whether the complaint might have been intended as a perceived disability claim, but concluded that the respondent would not have perceived her condition as long term on the evidence before it, and the claimant had not advanced the case on a section 15 basis.

The holiday pay claim was also dismissed. The claimant confirmed that she had asked for holiday pay and that, once requested, it was paid in full. The remaining unlawful deductions from wages claim was not determined at this hearing and was listed for a half-day hearing on 21 June 2021 by CVP.