Ms D Bespalyi v East Midlands Ambulance Service NHS Trust: 2600975/2020
JUDGMENT
After considering the claimant’s evidence, the agreed bundle, the Tribunal’s file and hearing from the parties, IT IS THE TRIBUNAL’S JUDGMENT THAT[1]The following of the claimant’s claims are dismissed because the claimant has withdrawn them: 1.1. Direct discrimination because of her association with a disabled person, 1.2. Discrimination because of something arising from a disability, 1.3. Indirect discrimination because of sex, 1.4. Indirect discrimination by association with a disabled person, and 1.5. A failure to make reasonable adjustments.[2]The Tribunal does not have jurisdiction to hear the following claims because they are out of time and it is not just and equitable to extend time. 2.1. direct discrimination of sex, 2.2. harassment because of sex, and 2.3. victimisation. Therefore, they are dismissed. Page 1 of 2 Case No 2600975/2020[3]The question of whether the claims for suffering a detriment because the claimant made a protected disclosure is in time, and if not whether time for bringing such a claim should be extended, is adjourned to the final hearing.[4]The Tribunal refuses to strike out the following claims for the reason that they have no real prospect of success: 4.1. constructive unfair dismissal, 4.2. automatic unfair dismissal because the claimant made a protected disclosure, and 4.3. subjecting the claimant to a detriment because she made a protected disclosure.[5]The Tribunal refuses to order the claimant to pay a deposit as a condition of the claimant continuing with those claims.[6]The case will proceed to a final hearing in accordance with directions given separately.