Ms C Lafford v Forward Care Ltd: 1401370/2021
JUDGMENT
[1]The claimant is not disabled by reference to depression during the relevant period; namely July to December 2020.[2]The claim of disability discrimination is dismissed.[3]All other claims will be determined at the hearing listed on 11, 12, 13 & 14 April 2023. Directions have been given. Employment Judge Christensen Date: 6 December 2022 Judgment sent to the parties: 12 December 2022 FOR EMPLOYMENT TRIBUNALS Case No: 1401370/2021 1 EMPLOYMENT TRIBUNALS Claimant: Mrs C Lafford Respondent: Forward Care Ltd Heard at: Exeter On: 11, 12 and 13 April 2023 Before: Employment Judge A Matthews Members: Ms C Lloyd-Jennings Ms P Skillin Representation: Claimant: In Person Respondent: Miss K Anderson of Counsel UNANIMOUS RESERVED JUDGMENT[1]Mrs Lafford was discriminated against because the Respondent Company applied a provision, criterion or practice which was discriminatory in relation to the protected characteristic of her sex by reference to section 19 of the Equality Act 2010 (indirect discrimination).[2]Mrs Lafford was unfairly constructively dismissed by the Respondent Company.[3]Mrs Lafford’s complaint that, Mrs Lafford having made an application under section 80F of the Employment Rights Act 1996 (a flexible working request), the Respondent Company failed to comply with section 80H(1) of that Act, was not presented to an employment tribunal before the end of the period specified in section 80H(5) of that Act. The employment tribunals, therefore, have no jurisdiction to hear that complaint, which is dismissed.[4]Mrs Lafford’s claim for wages by reference to section 23 of the Employment Rights Act 1996 is dismissed.