Ms K Desor v The Department for Work and Pensions: 3205426/2021
JUDGMENT
It is the unanimous decision of the Tribunal that:[1]The claimant was not harassed within the meaning of S26 of the Equality Act 2010, and that claim is dismissed.[2]The claimant was not discriminated against on the grounds of race within the meaning of S13 of the Equality Act 2010, and that claim is dismissed.[3]The claimant was not discriminated against on the grounds of disability within the meaning of S15 of the Equality Act 2010, and that claim is dismissed.[4]The claimant was discriminated against for a failure to provide a reasonable adjustment between April 2021 and the 28th November 2021 (in respect of paragraph 8.1.3 of the list of issues) and so the respondent discriminated against the claimant within the meaning of S20 and S21 of the Equality Act 2010. Case Number: 3205426/2021[5]All other claims pleaded under S20 and S21 of the Equality Act 2010 set out at paragraphs 8.1.1, 8.1.2, 8.1.4 and 8.1.5 fail and are dismissed as they did not amount to discrimination within the meaning of the act.[6]Of the 11 matters pleaded in the list of issues only two matters (pleaded under paragraphs 8.1.3 and 8.1.5) were brought in time. In respect of all other claims, if there was any merit in any of these claims, the Employment Tribunal would not have exercised its discretion to allow these claims to progress out of time.[7]The matter will be listed for a remedy hearing in respect of the accompanying case management order.