Ms D Lyn v Sandwell and Birmingham Hospitals NHS Trust: 1303056/2021
EMPLOYMENT TRIBUNALS
Case No 1303056/2021Venue BirminghamHearing 23 & 24 May 2022
Between
Ms D LynClaimantSandwell and Birmingham Hospitals NHS TrustRespondent
Before
Employment Judge GaskellIn person for claimantMs J Smeaton (instructed by Counsel) for respondentDate 24 May 2022
JUDGMENT
[1]At times material to this claim the claimant was not a disabled person as a defined in the Equality Act 2010.[2]Pursuant to Section 123 of the Equality Act 2010, the Employment Tribunal has no jurisdiction to hear the claimant’s claim for disability discrimination as the claim was presented out of time.[3]Pursuant to Rule 37 of the Employment Tribunals Rules of Procedure 2013, the claimant’s claim for disability discrimination has no reasonable prospect of success.[4]Pursuant to Section 123 of the Equality Act 2010, the Employment Tribunal has no jurisdiction to hear the claimant’s claim for age discrimination as the claim was presented out of time.[5]Pursuant to Rule 37 of the Employment Tribunals Rules of Procedure 2013, the claimant’s claim for age has no reasonable prospect of success.[6]Accordingly, the claims are struck-out in their entirety and dismissed. Case Number: 1303056/2021 Type V[7]The claimant’s application to amend her claim is refused.