Case 3311810/2022 · Employment Tribunal
Mr. D. Leonard-Elmaz v Ocado Central Services Ltd. Hearing: Public Preliminary Hearing — 2023
- Case reference
- 3311810/2022
- Decision date
- 17 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tinnion Appearances
Parties
2 namedClaimant
Mr. D. Leonard-Elmaz
Key findings
Tribunal's reasoningAt a public preliminary hearing on 9 October 2023, Employment Judge Tinnion dismissed the Claimant's oral application for recusal on grounds of apparent bias. The Tribunal then dealt with the Claimant's Equality Act complaints arising from his start date, recruitment process, and depression.
The Start Date/Recruitment Claim under s.15(1) Equality Act 2010 was held to have been presented out of time. The Tribunal decided it was not just and equitable to extend time, and struck the claim out under Rule 37(1)(a) on the basis that there was no reasonable prospect of success given the jurisdiction point.
On the remaining disability-based s.15(1) claim, the Tribunal found that during the relevant period of 6 April 2022 to 5 August 2022 the Claimant was not disabled under s.6 Equality Act 2010 because of depression. That finding led to dismissal of the remaining claim. The judgment also records that the Claimant's wages and holiday pay claims remained unresolved.
Claims and outcomes
2 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 | The Start Date/Recruitment Claim under s.15(1) Equality Act 2010 was found to have been presented out of time; the Tribunal held it was not just and equitable to extend time and struck it out under Rule 37(1)(a) for no reasonable prospect of success given lack of jurisdiction. | Struck out | Disability | — |
| Disability discrimination | The Tribunal found that during the relevant period (6 April 2022 to 5 August 2022) the Claimant was not disabled under s.6 Equality Act 2010 because of depression, and the remaining s.15(1) claim based on depression was dismissed. | Dismissed | Disability | — |
Legal tests applied
4 references- s.15(1) Equality Act 2010
- s.6 Equality Act 2010
- just and equitable to extend time
- Rule 37(1)(a)
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 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.
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