Miss C Smith v Smart Group Services Ltd and others: 1404602/2021 and 1400024/2022

EMPLOYMENT TRIBUNALS

Case No 1404602/2021, 1400024/2022

Between

In Person assisted by Ms Biden (friend)Claimant

Mr J. Ratledge (Counsel)Respondent

Before

Employment Judge Smail

In person for claimant

Mr J. Ratledge (instructed by Counsel) for respondent

Date 12 October 2022

[1]The Claimant was employed by the First Respondent (the primary position), alternatively the Third Respondent (the secondary position), between 17 January 2019 and 8 December 2021 when she resigned claiming a constructive dismissal.

[2]Accordingly, both the First and Third Respondents remain respondents to the claims brought by the Claimant.

[3]There are relevant early conciliation certificates (one per Respondent) covering all the claims desired to be brought and all claims are accepted against each Respondent. Any earlier non-acceptance is set aside by consent.

[4]The claims against the Second Respondent in terms of her individual liability are withdrawn. She is no longer a Respondent to the proceedings. Allegations are still made in respect of her for which vicarious liability against the First, alternatively the Third Respondent is claimed.

[5]The Claimant was not a disabled person within the meaning of the Equality Act 2010 at any material time to the proceedings. Case Number: 1404602/2021 1400024/2022 2

[6]Accordingly, the claim of disability discrimination is dismissed.

[7]The case management of the remaining claims is contained in a separate document of today’s date. _________________________________ Employment Judge Smail Date: 12 October 2022 Judgment sent to the parties on 27 October 2022 by Miss J Hopes FOR THE TRIBUNAL OFFICE