Mr S Gibson v Staffline Recruitment Ltd and BMW (UK) Manufacturing Ltd: 3309328/2023 and 3309449/2023
JUDGMENT
The judgment of the Tribunal is as follows: Strike out of claims.[1]The claims of disability discrimination and unfair dismissal were brought outside the relevant statutory time limits and:a. The claimant has no reasonable prospect of establishing that it is just and equitable to extend the time limit for bringing the claim of disability discrimination. The claim is therefore struck out under Employment Tribunal Rule 37(1)(a).b. The claimant has no reasonable prospect of establishing that it was not reasonably practicable to comply with the time limit for bringing the claim of unfair dismissal nor that the claim was brought within such further period as was reasonable. The claim is therefore struck out under Employment Tribunal Rule 37(1)(a). Disability[2]At the relevant time (i.e. during January and February 2023) the claimant was a disabled person as defined by section 6 Equality Act 2010 because of a chronic heart condition. 10.7 Judgment with reasons – rule 62 March 2017 Case No: 3309328/2023 &3309449/2023[3]In light of the decisions reached, the Second Respondent is dismissed as a respondent to the proceedings. The claim of unlawful deduction from wages will continue against the first Respondent only.