Mr M Carter v Parkland Estates Ltd and Alexander Robinson: 2400003/2019
EMPLOYMENT TRIBUNALS
Case No 2400003/2019
Between
Mr M CarterClaimantParkland Estates Ltd and Alexander RobinsonRespondent
Before
Employment Judge Horne
Members
Mr M GellingMs D KellyMr M Mensah (instructed by counsel) for claimantDate 13 February 2020
JUDGMENT
The unanimous judgment of the tribunal is as follows:[1]The tribunal has jurisdiction to consider the complaint of failure to make adjustments during the period June to September 2018. Although the claim was presented after the expiry of the statutory time limit, it is just and equitable for the time limit to be extended.[2]The tribunal has no jurisdiction to consider the complaint of failure to make adjustments during any period prior to June 2018. The claim was presented after the expiry of the statutory time limit and it is not just and equitable for the time limit to be extended.[3]Parkland Estates Limited failed in its duty to make adjustments during the period June to September 2018.[4]The tribunal has jurisdiction to consider the complaint of indirect discrimination during the period June to September 2018.[5]The tribunal has no jurisdiction to consider the complaint of indirect discrimination during any period prior to June 2018. The claim was presented after the expiry of the statutory time limit and it is not just and equitable for the time limit to be extended.[6]Parkland Estates Limited indirectly discriminated against the claimant during the period June to September 2018.[7]The tribunal has no jurisdiction to consider the complaints of harassment or discrimination arising from disability during any period prior to September 2018.[8]Mr Robinson did not harass the claimant in September 2018.[9]In any event, if Mr Robinson did harass the claimant in September 2018, the harassment would not have contravened the Equality Act 2010 because it was not in the course of Mr Robinson’s employment with Parkland Estates Limited and it was not in relation to the claimant’s employment with Parkland Estates Limited.[10]Mr Robinson discriminated against the claimant in September 2018 because of something arising in consequence of his disability, but the discrimination did not contravene the Equality Act 2010, because it was not in the course of Mr Robinson’s employment with Parkland Estates Limited.[11]As compensation for the indirect discrimination and the failure to make adjustments, Parkland Estates Limited is ordered to pay the claimant damages of £4,500.00 plus interest of £600.00.[12]Parkland Estates Limited is ordered under section 38 of the Employment Act 2002 to pay the claimant a further £600.00.[13]The total amount payable by Parkland Estates Limited is therefore £5,700.00.