Case 3312463/2020 · Employment Tribunal
Mr R Moore v The Secretary of State for Justice — 2022
- Case reference
- 3312463/2020
- Decision date
- 20 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge M Warren Representation
Parties
2 namedClaimant
Mr R Moore
Respondent
Key findings
Tribunal's reasoningThis was an open preliminary hearing concerning two claim numbers. Claim number 3313778/2020 was dismissed upon withdrawal, while claim number 3312463/2020, described as claiming disability discrimination alone, continued. The tribunal made no order on strike out or a deposit order.
The parties agreed that it would be inappropriate at this hearing to consider the merits, strike out, or a deposit order. They also agreed that a further open preliminary hearing should determine whether the claimant was a disabled person as defined in the Equality Act 2010 at the material time, and that medical evidence and an impact statement were needed before that issue could be decided.
The respondent sought to have knowledge considered at the next open preliminary hearing, but the tribunal decided that issue should be left to the final hearing. The judge considered that knowledge should be assessed in the context of the overall factual matrix and that issues of credibility and what ought reasonably to have been known were better addressed by a full tribunal at the final hearing.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Claim number 3312463/2020, described as claiming disability discrimination alone, continued. No liability or remedy determination was made in this preliminary hearing; the tribunal listed a further open preliminary hearing to determine whether the claimant was a disabled person at the material time. | Other | Disability | — |
Legal tests applied
5 references- Equality Act 2010 definition of disability
- overriding objective
- Seccombe v Read in Partnership Limited
- Serco Limited v Wells
- EVX, L & Z
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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