Mrs C Prior v Marks & Spencer plc: 2401452/2020
JUDGMENT
The claimant’s complaint of unauthorised deductions from wages is dismissed upon withdrawal by the claimant. The complaints of unfair dismissal and disability discrimination shall proceed to a preliminary hearing listed on 21 October 2020. Employment Judge Batten 12 June 2020 JUDGMENT SENT TO THE PARTIES ON 2 July 2020 FOR THE TRIBUNAL OFFICE Case No.: 2401452/2020 Code V 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mrs C Prior Respondent: Marks and Spencer plc Heard at: Liverpool On: 21 October 2020 Before: Employment Judge Horne Representatives For the claimant: Mr D Jones, counsel For the respondent: Ms S Firth, counsel JUDGMENT AT A PRELIMINARY HEARING[1]The tribunal has no jurisdiction to consider the complaint of unfair dismissal. It was presented after the expiry of the statutory time limit. The time limit cannot be extended because it was reasonably practicable to present the claim before the time limit expired.[2]The tribunal has jurisdiction to consider the complaint of failure to make adjustments contrary to section 39 of the Equality Act 2010. Although the claim was presented after the expiry of the statutory time limit, it was presented within such other period as the tribunal considers just and equitable.[3]At all relevant times the claimant had a disability within the meaning of section 6 of the Equality Act 2010. Her disability was the effect of the physical impairments of a prolapsed bowel and a prolapsed bladder. Employment Judge Horne 21 October 2020 SENT TO THE PARTIES ON Case No.: 2401452/2020 Code V 2 of 2 27 November 2020 FOR THE TRIBUNAL OFFICE Notes about this judgment:(1) The hearing code “V” in the heading indicates that the hearing took place on a remote video platform. The tribunal took into account the documents listed in a case management order sent separately to the parties.(2) Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party makes a request in writing within 14 days of the date when this judgment is sent to the parties. If written reasons are provided, they will be entered onto the tribunal’s online register, which is visible to internet searches. Case Number: 2401452/20 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mrs C Prior Respondent: Marks & Spencer Plc Heard at: Liverpool (in person & via CVP) On: 20-22 October 2021 Before: Employment Judge Buzzard Mrs Titherington Mrs Bowman REPRESENTATION: Claimant: Mr D Bunting (Counsel) Respondent: Miss S Firth (Counsel)