Ms R Bromley v The English Trading Company Ltd: 2405897/2019
JUDGMENT
Upon hearing from the claimant’s representative and from Counsel for the respondent, the judgment of the Tribunal is that: -[1]the claimant's complaints of direct sex discrimination: specifically(a) an allegation that the claimant was threatened with disciplinary action for removing materials from the respondent’s premises in early 2018;(b) an allegation that Mr Cooksey of the respondent made sexist comments about the recruitment of a receptionist in August 2018; and(c) an allegation that the claimant was instructed to put on make-up in September 2018, are struck out because they were presented out of time, in circumstances whereby it would not be just and equitable to extend time;[2]the claimant’s complaint of direct sex discrimination based on an allegation that she was not paid for overtime/a bonus in comparison to a male employee is struck out because the Tribunal determined that the allegation has no reasonable prospects of success;[3]the claimant's complaints of direct sex discrimination: specifically(a) an allegation that the claimant as a female employee was made to wear a V-neck Case No. 2405897/2019 2 T-shirt in contrast to male employees who wore round-neck T-shirts, and(b) an allegation that the claimant had to obtain authorisation for her purchase orders in contrast to a male employee, shall be subject to deposit orders which shall be issued separately. 3. the claimant’s remaining complaints of unauthorised deductions from wages and constructive unfair dismissal shall proceed to final hearing which is listed on 5 – 9 July 2021.REASONS
[1]The claimant was ordered to pay two deposits of £200 each in respect of two separate complaints of direct sex discrimination following a preliminary hearing held on 1 September 2020. The Order was sent to the claimant on 3 September 2020.The claimant has failed to pay the deposits. The complaints of direct sex discrimination are, therefore, struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.[2]The remaining complaints of unauthorised deductions from wages and constructive unfair dismissal will proceed to hearing on 5-9 July 2021.