Ms R Kelly v Blackburn with Darwen Council: 2400790/2020
JUDGMENT
[1]The first preliminary issue of whether the claimant was disabled in accordance with section 6(1) Equality Act 2010 could not be determined today, because the claimant failed to give full disclosure of her medical before the hearing today.[2]In relation to the second preliminary issue, the Tribunal does not have jurisdiction to hear the complaint of disability discrimination because this claim was presented out of time and it was not just and equitable to extend time in accordance with section 123 Equality Act 2010.[3]As a consequence, it is no longer necessary to determine as a preliminary issue, the question of whether or not the claimant was disabled, and no further orders are made in this regard.[4]The respondent’s application dated 23 December 2020 and seeking an order that the claimant’s complaint of constructive unfair dismissal should be struck out in accordance with Rule 37(1)(a) is unsuccessful. This is because the Tribunal is not satisfied that the complaint has no reasonable prospects of success.[5]The respondent’s alternative application that the claimant’s complaint of constructive unfair dismissal be subject to a deposit order is successful in Case Number: 2400790/2020(V) that the Tribunal is satisfied that this complaint has little prospect of success in accordance with Rule 39(1).[6]The claimant’s remaining complaint of constructive unfair dismissal will proceed to the final hearing but is subject to a deposit order and revised case management orders which will be sent to the parties separately from this judgment.[7]The 5-day final hearing listed to take place in Manchester on 23, 24, 25, 26 and 27 August 2021, will now be reduced to 4 days with the hearing taking place on 23, 24, 25 and 26 August 2021 only.