Case 3304160/2023 · Employment Tribunal

In person For the v Respondent — 2024

Case reference: 3304160/2023
Decision date: 26 March 2024
Jurisdiction: England & Wales
Judge: Employment Judge Hyams Members
Panel members: Mr P Miller, Mr N Ramgolam

Indexed: 18 May 2026

Parties

1 named

Claimant

In person For the

Respondent

Key findings

Tribunal's reasoning

The claimant, who remained employed by Asda Stores Limited as a Clerical Colleague at the Brackmills Distribution Centre, brought consolidated Equality Act claims. The issues included direct discrimination, harassment related to race and sexual orientation, victimisation, failure to make reasonable adjustments, and an alternative claim of discrimination arising from disability.

The tribunal unanimously dismissed all claims. It held that the claimant had not been directly discriminated against, harassed, or victimised, and that there had been no failure to make reasonable adjustments. For the disability claims, it recorded that the claimant did not contend that he was disabled before 24 March 2024 and also addressed the merits in the alternative, finding no reasonable adjustment that should have been made and finding the respondent's approach to the weekend operations role proportionate.

The tribunal also concluded that there was no conduct extending over a period for limitation purposes and that it was not just and equitable to extend time. It stated that only events on and after 8 December 2022 were in time.

Claims and outcomes

7 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Race discrimination	The tribunal held that the claimant was not directly discriminated against within section 13 of the Equality Act 2010.	Dismissed	Race	—
Sexual orientation discrimination	The claimant was permitted to pursue sexual orientation discrimination/harassment; the tribunal held that no section 13 discrimination was made out.	Dismissed	Sexual orientation	—
Harassment	The list of issues included harassment allegations related to race; the tribunal held that the claimant was not harassed within section 26 of the Equality Act 2010.	Dismissed	Race	—
Harassment	The list of issues included one harassment allegation related to sexual orientation; the tribunal held that the claimant was not harassed within section 26 of the Equality Act 2010.	Dismissed	Sexual orientation	—
Victimisation	The tribunal held that the claimant was not victimised within section 27 of the Equality Act 2010.	Dismissed	—	—
Disability discrimination	The reasonable adjustments claim under section 20 of the Equality Act 2010 was dismissed. The tribunal recorded that the claimant did not contend that he was disabled before 24 March 2024 and, in any event, found no reasonable step that would have avoided the relevant disadvantage.

Legal tests applied

9 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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.

Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.