Mrs Z Baranowska v Newfee Limited t/a L’Ortolan and 1 other — 2018

On 23 March 2018 Employment Judge George dealt with the respondent's preliminary applications to strike out the claim for non-compliance and for no reasonable prospect of success. The tribunal refused to strike out the claim for non-compliance, saying the pleading defects were remediable and that a fair hearing remained possible. It also noted that the claimant's schedule of loss mentioned wrongful dismissal, but there was no wrongful dismissal claim in the ET1.

The judge considered the disability allegations against the background of a November 2016 GP diagnosis of anxiety and depression, sick notes and an impact statement, but said the materials then available did not permit a definitive finding that the claimant was or was not disabled within s.6 EqA. Applying the caution in Anyanwu and the burden of proof under s.136 EqA, the judge declined to strike out the direct discrimination claim, the wider disability-related harassment claim, and the reasonable adjustments claim. He accepted that those strands remained arguable, including allegations of laughter at the claimant, reduced breaks, extra work, scrutiny, disciplinary action and the alleged requirement to take on Manny's work.

The tribunal did, however, dismiss the non-dismissal part of the s.15 discrimination arising from disability claim, holding that those allegations were circular or duplicated the direct discrimination case. It also struck out the specific allegation that the claimant's dismissal itself was disability-related harassment. The allegation that the dismissal was unfavourable treatment arising in consequence of disability was allowed to continue, and the full merits hearing remained listed for 18 to 22 June 2018. No remedy was awarded in this judgment.