Mr C Bruce v Commissioners for HM Revenue & Customs: 1308105/2019

EMPLOYMENT TRIBUNALS

Case No 1308105/2019

Between

Mr C BruceClaimant

Commissioners for HM Revenue & CustomsRespondent

Before

Employment Judge Dimbylow

In person for claimant

Mr S Lewis (instructed by Counsel) for respondent

Date 18 March 2021

JUDGMENT

[1]The claimant has established that at the relevant time (which I declare is from 3 December 2015 until the date of issue of the claim form on 1 November 2019) he was disabled within the meaning of the Equality Act 2010 (EQA) by reason of the mental impairment of anxiety and depression.

[2]The following claims for harassment related to disability were presented out of time (adopting Judge Miller’s method of identification as set out in his case management order dated 8 April 2020): (5) (x) a, b, c, d, f and g, but they form part of a continuing act or omission to bring them in time. Case Number 1308105/2019

[3]The claimant’s application to amend his claim to include a further claim of harassment related to disability identified at: (5) (x) e, was presented out of time, is refused and dismissed.

[4]The following claims for victimisation identified at: (5) (xv) a, b, d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r were presented out of time, but they form part of a continuing act or omission to bring them in time.

[5]I order that the claimant’s claim for victimisation identified as (5) (xv) s, is struck out as having no reasonable prospect of success under Rule 37.

[6]The claimant’s application to amend his claim to include further claims of victimisation identified at: (5) (xv) c, t, u, and v, was presented out of time, is refused and dismissed.

[7]The claimant’s application to amend his claim to include a claim identified at 5 (v) to (ix) pursuant to section 15 of the EQA is refused and dismissed.

[8]I make no order that the claimant’s 23 claims for harassment and victimisation which are allowed to proceed are struck out under Rule 37.

[9]I find and declare that the claimant’s 23 claims for harassment and victimisation which are allowed to proceed have little reasonable prospects of success and I order the claimant to pay a deposit of £50 in respect of each claim, making a total of £1,150.00. I have made a separate order dealing with the deposit issue. Signed by Employment Judge Dimbylow 18/03/2021 Note: Reasons for the judgement having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing (and no such request was made) or a written request is presented by either party within 14 days of the sending of this written record of the decision. Decision sent to Parties on