Case 3310864/2022 · Employment Tribunal
Ms P Fernando v Travelport International Limited — 2023
- Case reference
- 3310864/2022
- Decision date
- 6 April 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fredericks Appearances
Parties
2 namedClaimant
Ms P Fernando
Respondent
Key findings
Tribunal's reasoningAt a preliminary issue hearing at Watford via CVP on 28 February 2023 before Employment Judge Fredericks, the tribunal dealt with five pleaded matters arising from Ms P Fernando's claim against Travelport International Limited. The judgment recorded that the detriment claim under section 47C Employment Rights Act 1996 and regulation 19 of the Maternity and Parental Leave Regulations 1999 was dismissed upon withdrawal.
The tribunal dismissed the pregnancy and maternity discrimination claims because they had been presented out of time and it was not just and equitable to extend time. That applied to the claim under section 18 Equality Act 2010 and to the separate claim described in the judgment as direct pregnancy and maternity discrimination under section 13 Equality Act 2010. The direct sex discrimination claim under section 13 Equality Act 2010 was dismissed for the same reason.
The remaining indirect race discrimination claim was struck out because it had no reasonable prospect of success. The tribunal stated that no part of the claimant's claim survived the hearing, and there was no remedy award.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Claim in respect of detriment under section 47C Employment Rights Act 1996 and regulation 19 Maternity and Parental Leave Regulations 1999; dismissed upon withdrawal. | Withdrawn | — | — |
| Pregnancy and maternity discrimination | Pregnancy and maternity discrimination contrary to section 18 Equality Act 2010; dismissed because it was presented out of time and it was not just and equitable to extend time. | Dismissed | Pregnancy and maternity | — |
| Pregnancy and maternity discrimination | Direct pregnancy and maternity discrimination contrary to section 13 Equality Act 2010 as recorded in the judgment; dismissed because it was presented out of time and it was not just and equitable to extend time. | Dismissed | Pregnancy and maternity | — |
| Sex discrimination | Direct sex discrimination contrary to section 13 Equality Act 2010; dismissed because it was presented out of time and it was not just and equitable to extend time. | Dismissed | Sex | — |
| Race discrimination | Indirect race discrimination; struck out because it had no reasonable prospect of success. | Struck out | Race | — |
Legal tests applied
2 references- just and equitable to extend time
- no reasonable prospect of success
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
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