Case 3304362/2018 · Employment Tribunal
Ms Naomi Gyane (counsel) For the v Respondent — 2020
- Case reference
- 3304362/2018
- Decision date
- 6 August 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Wyeth Appearances
Parties
1 namedClaimant
Ms Naomi Gyane (counsel) For the
Respondent
- —
Key findings
Tribunal's reasoningAt a preliminary hearing on 23 July 2020 before Employment Judge Wyeth, the tribunal considered the claimant’s Schedule 1 allegations. It held that Detriments 7 and 8 were out of time and that it would not be just and equitable to extend time, so those complaints were struck out. The order was sent to the parties on 7 September 2020.
Applying rule 37 of the Employment Tribunal Rules 2013, the tribunal also struck out as having no reasonable prospect of success the allegations or arguments listed in paragraph 2 of the judgment. Those included Detriment 1, Detriments 7 and 8 in the alternative, Detriment 9, the parts of Detriments 11 and 14 advanced under ss13, 26 and 27 of the Equality Act 2010, and Detriments 16, 19 and 22.
The tribunal made clear that the claimant’s complaints of failure to make reasonable adjustments under ss20-22 Equality Act 2010 and discrimination arising from disability under s15 Equality Act 2010, so far as they related to Detriments 11 and 14, were not struck out and remained extant. No remedy was determined in this preliminary 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 |
|---|---|---|---|---|
| Disability discrimination | Specific complaints identified as Detriments 1, 7, 8, 9, 16, 19 and 22 were struck out. Detriments 7 and 8 were also found to be out of time and it was not just and equitable to extend time. The excerpt does not identify the statutory basis for these detriments. | Struck out | Disability | — |
| Disability discrimination | In relation to Detriments 11 and 14, complaints advanced under s13 Equality Act 2010 were struck out in part. | Struck out | Disability | — |
| Harassment | In relation to Detriments 11 and 14, complaints advanced under s26 Equality Act 2010 were struck out in part. | Struck out | Disability | — |
| Victimisation | In relation to Detriments 11 and 14, complaints advanced under s27 Equality Act 2010 were struck out in part. | Struck out | Disability | — |
| Disability discrimination | In relation to Detriments 11 and 14, complaints of discrimination arising from disability under s15 Equality Act 2010 and failure to make reasonable adjustments under ss20-22 Equality Act 2010 were not struck out and remained extant. | Other | Disability | — |
Legal tests applied
3 references- rule 37 Employment Tribunal Rules 2013
- no reasonable prospect of success
- just and equitable to extend time
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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