Ms M Hackett and Mr C Booth v Moorville Developments Ltd: 1800339/2022 and 1800371/2022

EMPLOYMENT TRIBUNALS

Case No 1800339/2022, 1800371/2022

Between

Mr R Jones, CounselClaimant

Moorville Developments LtdRespondent

Before

Employment Judge Brain

Mr R Jones (instructed by Counsel) for claimant

Mrs M Peckham (instructed by Solicitor) for respondent

Date 31 January 2023

JUDGMENT

AT OPEN PRELIMINARY HEARING The Judgment of the Employment Tribunal is that:

[1]At all material times, the first claimant was a disabled person for the purposes of section 6 of the Equality Act 2010.

[2]The respondent’s application for an Order that the second claimant’s claim brought pursuant to the 2010 Act shall be dismissed pursuant to Rules 37(1)(c) and (d) of schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 is refused.

[3]UNLESS the second claimant complies with paragraphs 13 and 14 of the Order of the Employment Tribunal dated 20 July 2022 on or before 20 February 2023 then his complaint brought under the 2010 Act shall stand dismissed without further Order. For the avoidance of doubt, this Order does not apply to the claimant’s complaint that he was unfairly dismissed brought pursuant to the Employment Rights Act 1996.

[4]The directions given by the Employment Tribunal on 20 July 2022 are varied as follows:- Case No: 1800339/2022 1800371/2022(1) Paragraph 17 shall now read 3 February 2023 in substitution for 19 December 2022.

(2) Paragraph 18 shall now read 10 February 2023 in substitution for 13 January 2023.

(3) Paragraph 21 shall now read 17 February 2023 in substitution for 27 January 2023.

(4) Paragraph 29 shall now read 10 March 2023 in substitution for 3 March 2023.