Case 6036858/2025 · Employment Tribunal
Mr Aidan Corkett Beirne v D S Emotion Ltd — 2026
- Case reference
- 6036858/2025
- Decision date
- 24 July 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Buckley’s Case
Parties
2 namedClaimant
Mr Aidan Corkett Beirne
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out Mr Aidan Corkett Beirne's claims under sections 15, 21 and 26 of the Equality Act 2010 because they were presented outside the statutory time limit. The claims, presented on 6 October 2025, were between nine and 11 days late. The tribunal refused to extend time on a just and equitable basis and held that it had no jurisdiction to hear them.
Mr Beirne relied chiefly on his mental health condition and its effect on his functioning between the end of his employment and the presentation of the claims. The tribunal was not persuaded, taking account of Mr Armitage's unchallenged evidence that Mr Beirne had applied for, interviewed for and secured work with Moda Living Ltd within days of leaving D S Emotion Ltd. It found none of the other grounds advanced for extending time persuasive.
The tribunal also found that Mr Beirne had not established disability within section 6 of the Equality Act 2010 at the relevant times. His qualification for Disabled Students' Allowance in 2017 did not prove that the statutory definition was met. The tribunal found that the allowance addressed effects on study, while section 6 required evidence about adverse effects on normal day-to-day activities.
The only other evidence relied on was an unsigned consultation note dated 22 May 2025, after the employment had ended. The author and their qualifications were not identified, and the tribunal found that the document had no probative value. Mr Beirne had provided an impact statement but not the GP records ordered by Employment Judge Buckley. No victimisation claim under section 27 was before the tribunal. No remedy was awarded, and the listed final hearing was vacated.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Claim under s.15 Equality Act 2010. It was struck out for being presented out of time without a just and equitable basis to extend time. The tribunal also found that it would fail because the claimant had not established disability at the relevant times. | Struck out | Disability | — |
| Disability discrimination | Claim under s.21 Equality Act 2010. It was struck out for being presented out of time without a just and equitable basis to extend time. The tribunal also found that it would fail because the claimant had not established disability at the relevant times. | Struck out | Disability | — |
| Harassment | Claim under s.26 Equality Act 2010. It was struck out for being presented out of time without a just and equitable basis to extend time. The tribunal also found that it would fail because the claimant had not established disability at the relevant times. | Struck out | Disability | — |
Legal tests applied
3 references- s.123(1) Equality Act 2010 time limit
- just and equitable extension under s.123(2) Equality Act 2010
- definition of disability under s.6 Equality Act 2010
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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