Case 4110823/2021 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4110823/2021 Held on July 2022 Employment Judge N M Hosie Mr M Ross v Department for Work and Pensions — 2022
- Case reference
- 4110823/2021
- Decision date
- 1 August 2022
- Jurisdiction
- Scotland
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4110823/2021 Held on July 2022 Employment Judge N M Hosie Mr M Ross
Respondent
Key findings
Tribunal's reasoningThe claimant brought proceedings relating to employment with the respondent from 1 March 2021 to 30 June 2021. His updated Scott Schedule specified complaints of an alleged failure to make reasonable adjustments under s.20 Equality Act 2010 and victimisation under s.27. The respondent applied to strike out the claim, relying on an agreement reached in November 2018 in earlier tribunal proceedings about a different period of employment.
The Tribunal found that the 2018 agreement was not an ACAS COT3 agreement or a statutory settlement agreement, and that it had not been reached with the assistance of an ACAS conciliation officer for the purposes of s.144(4)(a) Equality Act 2010. The Tribunal also found that the claimant's later employment and the present claim were not in contemplation when that agreement was signed.
Looking objectively at the 2018 agreement, the Tribunal held that it did not bar claims arising from a later, separate period of employment with the respondent. The Tribunal therefore held that it had jurisdiction to consider the present claim, which was to proceed to the final hearing.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The judgment records a complaint of alleged failure to make reasonable adjustments under s.20 Equality Act 2010. This preliminary judgment decided only that the Tribunal had jurisdiction and that the 2018 agreement did not bar the present claim; the merits were not determined. | Other | Disability | — |
| Victimisation | The judgment records a complaint of victimisation under s.27 Equality Act 2010. This preliminary judgment decided only that the Tribunal had jurisdiction and that the 2018 agreement did not bar the present claim; the merits were not determined. | Other | — | — |
Legal tests applied
5 references- s.144 Equality Act 2010
- s.144(4)(a) Equality Act 2010
- Royal National Orthopedic Hospital Trust v Howard
- Jones v Bedybuys Ltd
- McLean v TLC Marketing Plc
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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