Case No 1307644/2019Venue BirminghamHearing 10 July 2020
Between
Mr BarnettClaimantAsda Stores LtdRespondent
Before
Employment Judge HardingIn person for claimantMr Frew (instructed by Counsel) for respondentDate 28 October 2020
JUDGMENT
By consent the claims of indirect discrimination based on the protected characteristic of disability and the claims brought under section 80H of the Employment Rights Act (failure to comply with section 80G in relation to a flexible working request and/or basing a decision to reject such an application on incorrect facts) are dismissed on withdrawal by the claimant. Employment Judge Harding Dated: 10 July 2020 Case No.1307644/2019 1 of 1 EMPLOYMENT TRIBUNALS Claimant: M r M Barnett Respondent: Asda Stores Limited JUDGMENT ON A PRELIMINARY HEARING Heard at: Birmingham by CVP On: 2 7 28 October 2020 Before: Employment Judge Connolly (sitting alone) Appearances For the claimant: In Person and Mr J Barnett (the claimant’s son) For the respondent: M r B Frew ( JUDGMENT[1]T he claimant’s complaints that he was subjected to a detriment because he made a protected disclosure within the meaning of s.43B of the Employment Rights Act 1996 are dismissed upon withdrawal by the claimant.[2]All the claimant’s complaints of unlawful treatment contrary to the Equality Act 2010 where the treatment took place prior to 16 April 2019 are st ruck out by virtue of the operation of the principle of res judicata and/or the rule in Henderson v Henderson.[3]For the avoidance of doubt, any complaints of victimisation based on a protected act prior to 16 April 2019 and a detriment after the said date, are permitted to proceed.[4]By consent, t he claim ant was a disabled person within the meaning of the Equality Act 2010 by reason of ( osteoarthritis in his right knee, ( low back pain and ( anxiety and depression at all relevant times, specifically, from 1 May 2019 and on all relevant dates thereafter.