Case 3335543/2018 · Employment Tribunal
In person For the v Respondent — 2020
- Case reference
- 3335543/2018
- Decision date
- 23 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Wyeth Appearances
- Venue
- Watford
Parties
1 namedClaimant
In person For the
Respondent
- —
Key findings
Tribunal's reasoningAt Watford on 10 September 2020, Employment Judge Wyeth dealt with two case numbers, 3335543/2018 and 3302753/2020. The judgment records that the claimant's disability discrimination complaint relating to any lumbar spine condition in claim 3335543/2018 was dismissed upon withdrawal.
The same disability discrimination complaint was then pursued again in claim 3302753/2020, and the tribunal struck it out as an abuse of process under rule 37(1)(a) and (b) of the Employment Tribunal Rules 2013 because it was an attempt to revive the withdrawn claim. The claimant's victimisation complaint, covering placement on a performance action plan from 27 June 2016, removal of annualised working hours around the same date, and referral to Occupational Health on 28 June 2016, was also dismissed upon withdrawal. No monetary remedy was awarded.
Claims and outcomes
3 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 | Complaint in claim number 3335543/2018 that related to any lumbar spine condition; the tribunal recorded that it was dismissed upon withdrawal. | Withdrawn | Disability | — |
| Disability discrimination | Complaint in claim number 3302753/2020 relating to any lumbar spine condition; struck out as an abuse of process under rule 37(1)(a) and (b) because it was an attempt to revive the withdrawn claim. | Struck out | Disability | — |
| Victimisation | Complaint about being placed on a performance action plan from 27 June 2016, removal of annualised working hours on or around 27 June 2016, and referral to Occupational Health on 28 June 2016; dismissed upon withdrawal. | Withdrawn | — | — |
Legal tests applied
1 reference- rule 37(1)(a) and (b) Employment Tribunal Rules 2013
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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