Case 6002548/2023 · Employment Tribunal

Mr D Easters v Ms J Saddington and 1 other — 2024

Case reference: 6002548/2023
Decision date: 29 November 2024
Jurisdiction: England & Wales
Judge: Employment Judge K Welch Representation
Venue: Leicester

Indexed: 17 May 2026

Parties

3 named

Claimant

Mr D Easters

Respondents

Key findings

Tribunal's reasoning

At a public preliminary hearing, the Tribunal considered the respondents' application to strike out, or alternatively seek deposit orders for, complaints of direct age, disability and sexual orientation discrimination and harassment related to those protected characteristics. The claimant had withdrawn an application for a rule 50 order, and other proposed amendments and claims including victimisation and constructive unfair dismissal were left to be considered later or to proceed to a final hearing.

The Tribunal struck out the direct age discrimination and age-related harassment complaints. It found the only age allegation concerned an August 2022 get well card, that the claim was substantially out of time with no grounds shown to extend time, and that the crossed-through reference to age meant the complaints had no reasonable prospect of success.

The Tribunal refused to strike out or make deposit orders for the direct disability discrimination, disability-related harassment, direct sexual orientation discrimination and sexual-orientation-related harassment complaints. It held that time remained a live issue, but that the claims did not meet the threshold for strike out or for deposit orders and should be determined after evidence at a final hearing.

Claims and outcomes

6 findings recorded

This 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
Age discrimination	The complaints of direct age discrimination were struck out under Employment Tribunal Rule 37(1)(a) as having no reasonable prospect of success and because the Tribunal found no basis to extend time.	Struck out	Age	—
Harassment	The complaints of harassment related to age were struck out under Employment Tribunal Rule 37(1)(a) as having no reasonable prospect of success and because the Tribunal found no basis to extend time.	Struck out	Age	—
Disability discrimination	The respondent's strike-out and deposit order applications were refused; the direct disability discrimination complaint was permitted to continue to a final hearing, with time issues remaining live.	Other	Disability	—
Harassment	The respondent's strike-out and deposit order applications were refused; the harassment related to disability complaint was permitted to continue to a final hearing, with time issues remaining live.	Other	Disability	—
Sexual orientation discrimination	The respondent's strike-out and deposit order applications were refused; the direct sexual orientation discrimination complaint was permitted to continue to a final hearing, with time issues remaining live.	Other

Legal tests applied

5 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

Published on gov.uk under the Open Government Licence v3.0.

How we got this data

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