Miss S Kirkby v Action 4 Care Ltd: 2501048/2023
JUDGMENT
[1]The Claimant’s claim of unfair dismissal was presented out of time. It was reasonably practicable for the claim to have been presented in time. The claim is therefore dismissed.[2]The Claimant’s application to amend her claim by adding a claim of failure to make reasonable adjustments is refused.[3]The Claimant’s application to amend her claim by adding claims pursuant to Section 15 of the Equality Act 2010 that the respondent subjected her to discrimination for something arising from her disability (sickness absence) is granted in relation to the following alleged acts of discrimination: Case Number: 2501048/2023 PHCM Or 2 of 2 September 2023 i) The respondent investigating her work and timekeeping in August 2022 ii) The respondent criticising her work over four hours in a meeting on 1 September 2022 Employment Judge Moss 26/11/2023 Case number: 2501048/2023 1 EMPLOYMENT TRIBUNALS Claimant: Stacey Kirkby Respondent: Action 4 Care Limited On: 15 July 2024 At: Newcastle Employment Tribunal Before: Employment Judge Sweeney Dianne Winship Edward Euers Appearances For the Claimant, In person, For the Respondent, Charlotte Goodman, counsel[1]The Claimant has failed to satisfy the Tribunal that at the time of the alleged discrimination she qualified as a disabled person within the meaning of section 6 Equality Act 2010.[2]The claims of disability discrimination and harassment related to disability are dismissed.