Mrs S Righelato Nee White v South Downs Learning Trust: 2304343/2018
EMPLOYMENT TRIBUNALS
Case No 2304343/2018
Between
Mrs S Righelato Nee WhiteClaimantSouth Downs Learning TrustRespondent
Before
Employment Judge MartinIn person for claimantMr D Piddington (instructed by Counsel) for respondentDate 10 February 2020
JUDGMENT
The complaint of Age and Sex Discrimination is dismissed following a withdrawal by the claimant. The claimant’s remaining claim(s) will proceed to hearing on 4 November 2019 _____________________________ Employment Judge Martin[9]October2019 _____________________________ Case Number: 2304343/2018 1 THE EMPLOYMENT TRIBUNAL SITTING AT: LONDON SOUTH BEFORE: EMPLOYMENT JUDGE C HYDE (sitting alone) BETWEEN: Claimant MRS S RIGHELATO NEE WHITE AND Respondent SOUTH DOWNS LEARNING TRUST ON: 4 November 2019 APPEARANCES: For the Claimant: In Person For the Respondent: Mr D Piddington, Counsel OPEN PRELIMINARY HEARING JUDGMENT The Judgment of the Employment Tribunal is that: -[1]The name of the Respondent was amended from ‘Ratton School Academy South Downs Trust’ to ‘South Downs Learning Trust’ forthwith.[2]The constructive unfair dismissal complaint was dismissed on the grounds that the Tribunal did not have jurisdiction to determine it.[3]All victimisation and race and disability discrimination complaints under the Equality Act 2010 were struck out on the grounds that they were either out of time and/or they had no reasonable prospects of success and/or that they had been withdrawn, save for the victimisation allegations under the Equality Act 2010 hereinafter referred to as (“the surviving allegations”) that(a) the Respondent failed to act on the recommendations of the occupational health report which was dated 24 July 2018 (“allegation 1”); and(b) the Respondent treated the Claimant unfavourably with regard to the 2018 Case Number: 2304343/2018 2 appraisal by excluding the Claimant from applying for the duties and responsibilities of the soon to be vacated Head Technician post, in about July 2018 (“allegation 7”).[4]The hearing in relation to the surviving allegations will take place from 24 to 30 June 2020 at the Croydon Employment Tribunal, commencing at 10am or as soon thereafter as the Tribunal can hear it. _______________________________ Employment Judge Hyde Dated: 9 December 2019 Notes Reasons for the judgment 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. Public access to Employment Tribunal Judgments All judgments and written reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the Claimant(s) and Respondent(s) in a case. Case No: 2304343/2019 EMPLOYMENT TRIBUNALS Claimant: Mrs S Righelato nee White Respondent: South Downs Learning Trust