Miss C Gardner v Values in Care Ltd: 1600643/2024
JUDGMENT
[1]The following claims are struck out and dismissed on the grounds that the Tribunal does not have jurisdiction to hear them, either because they are not within the jurisdiction of the Tribunal in their own right or in the case of failure to give adequate breaks the Claimant did not bring the claim in time when it was reasonably practicable to do so: a) failure to give adequate breaks; b) defamation; c) breach of confidentiality; d) bullying.[2]The claim of harassment defined as “emails late in evening and calls; multiple staff from head office contacting with actions to concerns raised” is permitted to proceed on the basis that the Claimant says this is harassment relating to her disability. Such a claim is within the jurisdiction of the Tribunal. However, no application to amend has been made or considered and this decision simply allows the application to be made, not granted.[3]The claim of “overloading with the work of others” is permitted to proceed as disability discrimination (head of claim as yet undefined) but only in respect of “Multiple emails to overload”. This could be within the jurisdiction of the Tribunal. However, no Case Number: 1600643/2024 2 of 2 application to amend has been made or considered and this decision simply allows the application to be made, not granted.