Case 6000598/2024 · Employment Tribunal
- Mr Cooper (C1) / Mr B Phillips (C2) FOR THE v Respondent — 2025
- Case reference
- 6000598/2024
- Decision date
- 2 June 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cadney
Parties
1 namedClaimant
- Mr Cooper (C1) / Mr B Phillips (C2) FOR THE
Respondent
- —
Key findings
Tribunal's reasoningThis was a part-heard preliminary hearing before Employment Judge Cadney sitting alone. The first claimant confirmed that the claims identified at paragraphs C9-C16 of her ET1 were no longer pursued and were dismissed on withdrawal. The tribunal also recorded that the first claimant no longer pursued associative pregnancy discrimination, while her direct sex discrimination by association claim remained part of the live issues.
The first claimant's applications to amend were granted so that harassment under s26 Equality Act 2010 and automatic unfair dismissal under s100(1)(c) ERA 1996 were added. The tribunal dismissed the first and second claimants' attempts to restore or add Mr J Sheehan and Ms N Sheehan as respondents, holding there was no basis to do so. The second claimant's application to add direct sex discrimination by association was dismissed on withdrawal.
The hearing was adjourned part heard to 9 July 2025 to determine whether the second claimant was disabled within s6 Equality Act 2010, the respondent's strike-out application, the claimants' strike-out application, whether the claims should be heard jointly or separately, finalisation of the list of issues, and further case management directions. The resumed hearing was ordered to proceed by CVP as a reasonable adjustment for the second claimant, and the first claimant was directed to provide medical evidence and confirm that she was actively pursuing her claims, with a warning that non-compliance could lead to strike-out under ET Rules 2024 rules 38(1)(c), 38(1)(d) and 39(1).
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The first claimant's claims identified at paragraphs C9-C16 of the ET1 were treated as breach of contract claims and were dismissed on withdrawal. | Withdrawn | — | — |
| Pregnancy and maternity discrimination | The first claimant's associative pregnancy discrimination aspect was withdrawn; the judgment notes that the direct sex discrimination by association claim remained live. | Withdrawn | Pregnancy and maternity | — |
| Harassment | The first claimant's application to amend to add harassment under s26 Equality Act 2010 was granted; no merits determination was made at this hearing. | Other | — | — |
| Unfair dismissal | The first claimant's application to amend to add automatic unfair dismissal under s100(1)(c) ERA 1996 was granted; no merits determination was made at this hearing. | Other | — | — |
| Sex discrimination | The second claimant's application to amend to add direct sex discrimination by association was dismissed on withdrawal; the claim was not determined on its merits. | Withdrawn | Sex | — |
Legal tests applied
5 references- ET Rules 2024 rules 38(1)(c), 38(1)(d) and 39(1)
- s6 Equality Act 2010
- s26 Equality Act 2010
- s100(1)(c) ERA 1996
- s103A ERA 1996
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.
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