Case 4102241/2022 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102241/2022 Held at Aberdeen on August 2022 by Cloud Video Platform Employment Judge N M Hosie Ms L McAllister v Serco Limited — 2022
- Case reference
- 4102241/2022
- Decision date
- 11 August 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge Jones
- Venue
- Aberdeen
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102241/2022 Held at Aberdeen on August 2022 by Cloud Video Platform Employment Judge N M Hosie Ms L McAllister
Respondent
Key findings
Tribunal's reasoningThe claimant brought complaints of disability discrimination, comprising discrimination arising from disability and failure to make reasonable adjustments, and direct sex discrimination. She had also brought an age discrimination complaint, but withdrew it after an earlier case management preliminary hearing. The respondent denied the claims and took a time-bar point.
The Tribunal found that the act complained of was the claimant's agreement on or about 5 March 2021 to transfer from the Prison Custody Officer role to the Operational Support Officer role. The Tribunal was not persuaded that there was ongoing discrimination in relation to the sex discrimination complaint. The claim was presented after early conciliation and was out of time by a considerable margin.
Considering whether it was just and equitable to extend time, the Tribunal took account of the claimant's access to trade union advice, her ability to obtain information about tribunal procedures and time limits, the length of the delay, the need for finality in litigation, and potential prejudice to the respondent. It decided not to extend time, held that it had no jurisdiction to hear the claim, and dismissed it as time-barred.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Complaints of discrimination arising from disability under s.15 Equality Act 2010 and failure to make reasonable adjustments under ss.20 and 21 Equality Act 2010 were dismissed because the Tribunal found the claim was time-barred and declined to extend time. | Dismissed | Disability | — |
| Sex discrimination | The direct sex discrimination complaint under s.13 Equality Act 2010 was dismissed because the Tribunal found the claim was time-barred and declined to extend time. | Dismissed | Sex | — |
| Age discrimination | The claimant intimated after the case management preliminary hearing that she wished to withdraw her age discrimination complaint, and it was dismissed. | Withdrawn | Age | — |
Legal tests applied
6 references- s.123(1)(a) Equality Act 2010
- s.123(1)(b) Equality Act 2010
- British Coal Corporation v Keeble
- Adedeji v University Hospital Birmingham NHS Foundation Trust
- Robertson v Bexley Community Centre t/a Leisure Link
- just and equitable
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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