Mr S Gillingham v Swindon Borough Council: 1401880/2018
EMPLOYMENT TRIBUNALS
Case No 1401880/2018
Between
Mr S GillinghamClaimantSwindon Borough CouncilRespondent
Before
Employment Judge MulvaneyMs V Williams for claimantMr Cox for respondentDate 7 January 2019
JUDGMENT
[1]The claimant’s condition of fear of confined spaces or claustrophobia did not amount to a disability as defined in the Equality Act 2010 at the material time because the Employment Judge concluded that the adverse impact of the condition on the claimant’s ability to carry out day to day activities was not substantial.[2]The claimant’s case of disability discrimination is dismissed. Employment Judge Mulvaney 30 November 2018 Note Reasons for the decision 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.
REASONS
[1]The claimant was ordered to pay a deposit of £500 following a preliminary hearing held on 30 November 2018. The Order was sent to the claimant on 1 December 2018. The claimant was required to pay the deposit by not later than 21 days from the date of the Order.[2]The claimant has failed to pay this deposit.[3]The complaints of constructive unfair dismissal and entitlement to be paid notice pay are therefore struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.[4]The hearing fixed for 28-29 May 2019 will not take place.