Miss D Hirons v University Hospitals Birmingham NHS Foundation Trust: 1302658/2023

EMPLOYMENT TRIBUNALS

Case No 1302658/2023

Between

Miss D HironsClaimant

University Hospitals Birmingham NHS Foundation TrustRespondent

Before

Employment Judge Perry

In person for claimant

Mr R Hignett (instructed by counsel) for respondent

Date 30 May 2024

JUDGMENT

[1]The tribunal has jurisdiction to hear the claimant’s claim for unlawful deductions from wages to include a claim for holiday pay pursued as wages.

[2]The tribunal does not have jurisdiction to hear the claimant’s claim for holiday pay pursued as breach of contract and/or breaches of the Working Time Regulations.

[3]The respondent confirmed before me today that the impairments relied upon by the claimant for the purposes of her disability discrimination complaint namely breathing problems, anxiety and depression and long Covid are conceded as disabilities within the meaning of the Equality Act 2010 at all material times.

[4]The respondent concedes that the disability discrimination complaint identified at paragraph 5.2 of Employment Judge Harding’s order of 7 August 2023 is in time, the claimant having confirmed the payroll email referred to in that paragraph was that dated 12 January 2023 (and not June 2022).

[5]As to the remaining disability discrimination complaint as identified at paragraph 5.1 of Employment Judge Harding’s order of 7 August 2023 that was not Case Number: 1302658/2023 - 2 - presented in time. It is just and equitable to extend time in relation to that complaint. I have issued a separate order giving directions how the claim shall be prepared for trial. Employment Judge Perry Dated: 9 January 2024 Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. All judgments (apart from those under rule 52) and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimants and respondents. The ET has no power to refuse to place a judgment or reasons on the online register, or to remove a judgment or reasons from the register once they have been placed there. If you consider that these documents should be anonymised in any way prior to publication, you will need to apply to the ET for an order to that effect under Rule 50 of the ET's Rules of Procedure. Such an application would need to be copied to all other parties for comment and it would be carefully scrutinised by a judge (where appropriate, with panel members) before deciding whether (and to what extent) anonymity should be granted to a party or a witness. Case Number: 1302658/2023 1 EMPLOYMENT TRIBUNALS Claimant: Miss D Hirons Respondent: University Hospitals Birmingham NHS Foundation Trust Heard at: Birmingham On: 29 & 30 May 2024 Before: Employment Judge Maxwell Mrs Malatesta Mr Paw Appearances For the Claimant: in person, assisted by her son Mr Wheeldon For the Respondent: Mr Sheppard, Counsel

[1]The Claimant’s claim of direct disability discrimination is not well founded and is dismissed.

[2]The Claimant’s claim of unlawful deductions is not well founded and is dismissed. EJ Maxwell Date: 30 May 2024