Mrs M Austin v The Commissioners for HM Revenue and Customs: 2404819/2019

EMPLOYMENT TRIBUNALS

Case No 2404819/2019

Between

Mrs M AustinClaimant

The Commissioners for HM Revenue and CustomsRespondent

Before

Employment Judge Buzzard

Mr P Smith (instructed by Counsel) for respondent

Date 23 March 2020

JUDGMENT

[1]The claimant's claims of sex discrimination are dismissed on withdrawal by the claimant.

[2]The claimant's claim of victimisation contrary to the Equality Act 2010 is struck out. The claim was presented significantly outside the time limit for presentation of the claim without any evidence being presented to explain why the claimant had not presented her claim in time. In addition, the claimant's claim of victimisation, even if presented in time, is found to have no reasonable prospect of success.

[3]The claimant’s claim that she was subjected to acts of unlawful harassment are all either dismissed or struck out as follows:a. her harassment claims arising in connection with the receipt of letters from her pension provider, on or around 27 January 2019, are found to have no reasonable prospect of success and are struck out;

b. her harassment claims arising in connection with her request to access her file on 17 January 2019 are found to have no reasonable prospect of success and are struck out; and

c. her remaining claims of harassment are found to have been presented significantly outside the time limit for presentation of claims are dismissed. No evidence from or on behalf of the claimant regarding Case No. 2404819/2019 why her claims were not submitted earlier was presented and, accordingly, it is not found just and equitable to extend time for the presentation of the claimant’s claims.

[4]For the avoidance of doubt, the claimant's unfair dismissal claim, her discrimination claims under section 15 of the Equality Act 2010 and her discrimination claims under sections 20/21 of the Equality Act 2010 are not affected by this Judgment.